Florida District Courts of Appeal, 2016

Freeman v. Florida Department of Corrections

Freeman v. Florida Department of Corrections
Florida District Courts of Appeal · Decided April 8, 2016 · Lewis, Makar, Thomas
213 So. 3d 978; 2016 WL 1392337; 2016 Fla. App. LEXIS 5420 (Southern Reporter, Third Series)

Freeman v. Florida Department of Corrections

Opinion of the Court

PER CURIAM.

AFFIRMED.

LEWIS and THOMAS, JJ., concur. MAKAR, J., concurs with written opinion.

Concurring Opinion

MAKAR, J.,

concurring.

We are required to dismiss this matter as untimely, but the transfer of Freeman during the 30-day period when he was required to pursue his appellate remedy provides him with an “alternative avenue of review.” Gundlah v. Moore, 831 So.2d 780, 781 (Fla. 4th DCA 2002) (“The appropriate remedy has been to dismiss the untimely appeal without prejudice, allowing the appellant to pursue relief in the lower tribunal by motion seeking to set aside the original order and requesting that a new appealable order be entered.”).

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