KEITH TRIBBLE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a pro se litigant's letter expressing intent to appeal should be treated as a notice of appeal, even if not formally filed as such. The court granted the petition for belated appeal.
Petitioner, a pro se litigant, sent a letter to the trial court expressing his desire to appeal a prior order and requesting more time. The trial cour…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We grant this petition for belated appeal for the following reasons. On January 13, 2006, the trial court denied petitioner’s pro se motions which had sought postconviction relief and additional jail credit. On February 6, 2006, petitioner sent a letter to the trial court which stated, “I appeal. But I don’t know who to appeal to because no-one has given me this information.” The letter went on to request additional time to appeal the court’s order. The trial court denied the motion finding it did not have jurisdiction to grant the relief requested.
The jurisdiction of this court to review final orders of the trial court is “invoked by filing 2 copies of a notice, accompanied by filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.” Fla. R.App. P. 9.110(b). Rule 9.110(d) requires that the notice of appeal be “substantially in the form proscribed by rule 9.900(a).” Defects in form of a notice of appeal or failure to file fees or additional copies of the notice, however, are not jurisdictional. See Fla. R.App. P. 9.040(d) & (h). The court is permitted to “disregard any procedural error or defect that does not adversely affect the substantial rights of the parties.” Fla. R.App. P. 9.040(d). Further, “[i]f a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought.” Fla. R.App. P. 9.040(c).
Here, petitioner should have filed a notice of appeal with the clerk of the lower tribunal and did not need to ask for an “extension of time” from the trial court judge to do so. Pro se pleadings, however, should be given liberal construction. Willis v. State, 840 So. 2d 1135, 1136 (Fla. 4th DCA 2003). The trial court should have treated petitioner’s February 6, 2006 letter, which clearly expressed his desire to appeal, as his notice of appeal from the January 13, 2006 order. Petition Granted.
GUNTHER, SHAHOOD and MAY, JJ„ concur.
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Tribble v. State, 948 So. 2d 52 (Fla. 4th DCA 2007)…pellant’s motions. Appellant sent the trial court a letter explaining that he wanted to appeal, but [*53] did not know how and asking for an extension of time. The court denied the request. We granted appellant a belated appeal in Tribble v. State, 936 So. 2d 788 (Fla. 4th DCA 2006), because the letter expressed a clear desire to appeal within the jurisdictional time limit, and the court should have treated it as a notice of appeal. We affirm the court’s denial of appellant’s motions with prejudice. Appella…
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McKIRE v. McDONOUGH, 948 So. 2d 81 (Fla. 1st DCA 2007)…Mr. McKire never filed a separate notice of appeal (or any paper that could be construed as a notice of appeal) to invoke our jurisdiction as to the lien order, and made no attempt to amend his earlier notice of appeal. See, e.g., Tribble v. State, 936 So. 2d 788, 788 (Fla. 4th DCA 2006) (“The jurisdiction of this court ... is ‘invoked by filing 2 copies of a notice ... with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.’ Fla. R.[]App. P. 9.110(b).”); Hamlin v. E. Co…
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- Solomon Willis v. State, 840 So. 2d 1135 (Fla. 4th DCA 2003)