DANIEL ALMARAZ, APPELLANT,

v.

LARRY HEAWARD AND DEBORAH HEAWARD, APPELLEE

Citator

Cited By

• Watkins v. State, 217 So. 3d 1135 (Fla. 3d DCA 2017)
  …or rehearing was not timely filed and thus did not toll rendition of the September 28, 2016, order denying Watkins’s motion for illegal sentence. See Parks, 126 So. 3d at 352; Reid v. Cooper, 955 So. 2d 31, 32 (Fla. 3d DCA 2007); Smartmays v. State, 937 So. 2d 712, 713 (Fla. 5th DCA 2006); Jones v. State, 838 So. 2d 659, 660 (Fla. 5th DCA 2003). Because Watkins filed an untimely motion for rehearing, we focus our inquiry on whether Watkins filed a timely Notice of Appeal. Rule 9.110(b) requires that an appea…
• Bell v. State, 952 So. 2d 1228 (Fla. 5th DCA 2007)
  …as hamstrung by internal prison policies regarding access to the prison library. Such claims in an unsworn response are insufficient for purposes of bestowing jurisdiction on this Court to entertain the instant appeal. See, e.g., Smartmays v. State, 937 So. 2d 712 (Fla. 5th DCA 2006). Similarly, the unsworn nature of Mr. Bell’s response renders it insufficient to treat the response as a petition for belated appeal. See Fla. R.App. P. 9.141(c)(3)(F). Mr. Bell’s recourse is to file a proper petition for belate…