OBIDIAH MCCASKILL, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-07-01
No. 21-1359
Wallis, J., Harris, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal from the underlying trial court order.


Headnotes

[1] An appellate court opinion granting a petition for belated appeal may be filed with the trial court and treated as the notice of appeal from the underlying order pursuant…

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Facts & Procedural History

McCaskill, a pro se litigant, filed a petition for belated appeal from a trial court's August 21, 2020 order denying his motion for postconviction rel…

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Opinion of the Court
Wozniak

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

OBIDIAH MCCASKILL, JR., Case No. 5D21-1359 LT Case No. 88-1718-CF Petitioner, v. STATE OF FLORIDA, Respondent. ____________________________/ Opinion filed July 1, 2022 Petition for Belated Appeal A Case of Original Jurisdiction. Obidiah McCaskill, Jr., Palatka, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the August 21, 2020 order denying the motion for postconviction relief, filed in

2 Case No. 88-1718-CF, Putnam County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

WALLIS, HARRIS and WOZNIAK, JJ., concur.


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