DONALD E. SARGENT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DONALD E. SARGENT, PETITIONER,
STATE OF FLORIDA, RESPONDENT
964 So. 2d 903
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Donald Sargent has filed a petition in this court seeking a writ of habeas corpus requesting a belated appeal. We deny the petition without prejudice to refile a legally sufficient petition. The instant petition, although executed with proper legal formality, fails to allege that Sargent requested his attorney to file an appeal on his behalf in a timely manner. If he failed to make a timely request for an appeal,1 he is not entitled to receive a belated appeal.
Petition for Writ of Habeas Corpus DENIED without prejudice.
PALMER, C.J., SAWAYA and TORPY, JJ., concur. . See Fla. R.App. P. 9.141(c)(3)(F). See also Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005).
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Allstate Ins. Co. v. RAY (Fla. 2d DCA 2022)…ection. However, as the Estate points out, Allstate cannot establish irreparable harm in the production of the documents for in camera inspection until the completion of the trial court's inspection. See Walanpatrias Found. v. AMP Servs. Ltd., 964 So. 2d 903, 905 (Fla. 4th DCA 2007) ("[A]n order requiring production for an in camera inspection cannot display the appropriate characteristic of permanent harm because a remedy is available if and when the trial court enters a further order (after in cam…
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Wallace v. State, 17 So. 3d 345 (Fla. 5th DCA 2009)…ent and sentence, she did not allege the date of the request or otherwise indicate that the request was made in a timely manner. If she failed to make a timely request for an appeal, she is not entitled to receive a belated appeal. Sargent v. State, 964 So. 2d 903, 903 (Fla. 5th DCA 2007). We therefore deny the petition without prejudice to Wallace to file a legally sufficient petition. PETITION DENIED. SAWAYA, LAWSON and JACOBUS, JJ., concur.…
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Vrege Armoyan v. Armoyan, 64 So. 3d 198 (Fla. 4th DCA 2011)…an evidentiary hearing at which husband was permitted to testify. Butler, Pappas, Weihmuller, Katz, Craig, LLP v. Coral Reef of Key Biscayne Developers, Inc., 873 So. 2d 339, 342 (Fla. 3d DCA 2003). See also Walanpatrias Found, v. AMP Servs., Ltd., 964 So. 2d 903, 905 (Fla. 4th DCA 2007); IDS Long Distance, Inc. v. Heiffer, 837 So. 2d 1130, 1131 (Fla. 4th DCA 2003); Am. Tobacco Co. v. State, 697 So. 2d 1249, 1255 (Fla. 4th DCA 1997). This matter is remanded for the trial court to allow the husband to testify…
Authorities Cited
- Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005)
- Sanh Luong v. Bachlan Luong, 910 So. 2d 947 (Fla. 2d DCA 2005)