Florida District Courts of Appeal, 2017

Ramirez v. Department of Corrections

Ramirez v. Department of Corrections
Florida District Courts of Appeal · Decided August 21, 2017 · Jay, Thomas, Winokur
225 So. 3d 397; 2017 WL 3584074; 2017 Fla. App. LEXIS 11953 (Southern Reporter, Third Series)

Ramirez v. Department of Corrections

Opinion of the Court

PER CURIAM.

Respondent’s motion for clarification filed on May 3/2017, is treated as a motion to dismiss and is granted. This proceeding is treated as a premature appeal and is dismissed. See Banks v. State, 916 So.2d 35 (Fla. 1st DCA 2005); Baldwin v. Crosby, 905 So.2d 250 (Fla. 1st DCA 2005) (concluding “proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below”). .

WINOKUR, JAY, and M.K. THOMAS, JJ., CONCUR.

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