Israel v. City of North Miami

Third District Court of Appeal

State of Florida

Opinion filed May 20, 2015.

Not final until disposition of timely filed motion for rehearing.

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No. 3D15-953

Lower Tribunal No. 10-7915 ________________

Alberic Israel, on behalf of Albertha Israel and Erica Israel, minor children,

Petitioner, vs.

City of North Miami, Clint Shannon, Chief of Police, Joseph Kissel, Detective, and Helen Page, Assistant State Attorney, Respondents.

A Case of Original Jurisdiction – Mandamus.

Alberic Israel, in proper person.

Pamela Jo Bondi, Attorney General, for respondent.

Before WELLS, LAGOA and LOGUE, JJ.

WELLS, Judge.

Alberic Israel, pro se, petitions this court for a writ of mandamus directing the court below to issue a final appealable order dismissing this action. Because we agree that the record before us is confusing as to whether a final order dismissing this action ever was entered, and because Israel dismissed his appeal in case number 3D13-2090 following the City’s representations that the order on appeal was from a non-final, non-appealable order, we grant the instant petition and remand for entry of a final order dismissing the action below with prejudice.

Petition granted.