MICHAEL A. FALANA, APPELLANT,
v.
JAMES CROSBY, SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE
MICHAEL A. FALANA, APPELLANT,
JAMES CROSBY, SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE
851 So. 2d 229
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Having considered the appellant’s response to this Court’s June 10, 2003 order, and finding that the notice of appeal was not timely filed, the appeal is hereby dismissed as untimely.
ERVIN, PADOVANO and POLSTON, JJ., concur.
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Hughes v. Weiss, 870 So. 2d 87 (Fla. 2d DCA 2003)…hes desires to proceed in forma pauperis, he must prove his inability to pay by filing an affidavit with the information required according to that section. See Schmidt, 28 Fla. L. Weekly at S369 n. 7, — So. 2d at -n. 7; Williams v. Dep’t. of Corr., 851 So. 2d 229 (Fla. 1st DCA 2003). Hughes is entitled to have the clerk process his filing as prescribed by Schmidt. Because this is a ministerial task, mandamus is appropriate. [*89] Accordingly, we grant Hughes’ petition and issue the writ of mandamus. NORTHC…