Albert Cooper v. Department of Corrections, Ashley Moody, Attorney General, Kenneth Steely, General Counsel
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 18, 2020
Docket1D19-3274
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3274
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ALBERT COOPER,
Appellant,
v.
DEPARTMENT OF CORRECTIONS,
ASHLEY MOODY, Attorney
General, KENNETH STEELY,
General Counsel,
Appellees.
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On appeal from the Circuit Court for Leon County.
John C. Cooper, Judge.
February 18, 2020
PER CURIAM.
This appeal was administratively dismissed for failure of
Appellant to respond to the Court’s show cause order on timeliness.
Appellant now moves for reconsideration and attaches his
response. We grant the motion and reinstate the appeal.
However, because the notice of appeal was not timely filed within
30 days of the July 17, 2019, order dismissing Appellant’s petition
for writ of mandamus, we dismiss this appeal as untimely. Fla. R.
App. P. 9.110(b). Appellant’s motion for relief from the lien placed
on his inmate trust account was not timely filed and did not toll
the time for filing the notice of appeal; the order dated August 21,
2019, denying this motion is not independently reviewable. See
Mobley v. McNeil, 989 So. 2d 1215 (Fla. 1st DCA 2008).
DISMISSED.
MAKAR, BILBREY, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Albert Cooper, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellees.
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