LEMUEL L. COOPER
v.
JUDGE JAMES M. COLAW
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Cooper appealed an order from the Circuit Court for Bradford County dismissing his filing without prejudice due to non-payment of filing fees or failure to seek indigent status. The appellate court dismissed the appeal as premature, following established precedent.
The appeal is dismissed as premature. An order dismissing a filing without prejudice to pay the filing fee or seek indigent status under section 57.085 is not a final, appealable order.
[1] An appeal from an order dismissing a filing without prejudice to allow payment of filing fees or pursuit of indigent status under section 57.085, Florida Statutes, is pre…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“dismissing as premature an appeal of an order dismissing a filing without prejudice to pay the filing fee or seek indigent status under section 57.085, Florida Statutes”
Establishes that dismissals without prejudice for failure to pay filing fees or seek indigent status are not final, appealable orders
Cooper filed a case in the Bradford County Circuit Court before Judge James M. Colaw. The circuit court dismissed Cooper's filing without prejudice, c…
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November 13, 2024 PER CURIAM.
DISMISSED. See Jackson v. Santa Rosa C.I., 94 So. 3d 676 (Fla. 1st DCA 2012) (dismissing as premature an appeal of an order dismissing a filing without prejudice to pay the filing fee or seek indigent status under section 57.085, Florida Statutes). OSTERHAUS, C.J., and KELSEY and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Lemuel L. Cooper, pro se, Appellant. Ashley Moody, Attorney General, and Sara Spears, Assistant Attorney General, Tallahassee, for Appellee.
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