PATRICIA WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICIA WHEELER, APPELLANT,
STATE OF FLORIDA, APPELLEE
719 So. 2d 986
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order dismissing appellant’s petition for writ of mandamus based upon the state’s proper acknowledgment that the petition was timely filed in the proper venue.
REVERSED and REMANDED.
W. SHARP, HARRIS and ANTOON, JJ., concur.
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Mann v. State, 264 So. 3d 300 (Fla. 5th DCA 2019)
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Smith v. State, 752 So. 2d 1280 (Fla. 1st DCA 2000)…rough no fault of petitioner, we grant his petition for writ of habeas corpus. Although Smith asks that this court grant him a belated appeal, we find that the proper remedy in this instance is to reinstate his original appeal. See Johnson v. State, 719 So. 2d 986 (Fla. 5th DCA 1998). Accordingly, we grant the petition for writ of habeas corpus and hereby reinstate the appeal in this court’s Case No. 98-2870; Jurisdiction in that proceeding is relinquished to the circuit court for a period of 30 days from thi…
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Wilson v. State, 753 So. 2d 792 (Fla. 5th DCA 2000)…be dismissed. Therefore, the petition for writ of habeas corpus for belated appeal is granted. Because our previous file contains portions of the record, we reinstate petitioner Wilson’s appeal in this court’s case No. 99-3219. See Johnson v. State, 719 So. 2d 986 (Fla. 5th DCA 1998); Rooney v. State, 682 So. 2d 212 (Fla. 5th DCA 1994). PETITION GRANTED. DAUKSCH, COBB and THOMPSON, JJ., concur.…
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