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What does it mean when you file an appeal and the court responds with Granted - Per Curiam Opinion case closed?

Valparaiso, FL |

My boyfriend filed a motion with the DCA the motion somehow never made it through, long story short he filed a motion for a belated appeal. The DCA instructed the lower court to Show cause why the motion for a belated appeal should not be granted. The lower responded with no arugument. The next thing that was stated was Granted - Per Curiam Opinion Case Closed Court / Agency Mandate Cover LetterCircuit Court Mandate... what does this mean?

Attorney Answers 2

Posted

Check with a lawyer in your jurisdiction, but it seems to mean that the appeal has been reinstated. Get a copy of the per curiam opinion.

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Posted

What order was he trying to appeal? Late appeals of final orders are usually dead on arrival, so perhaps you had some truly special circumstances to get yours accepted. What did the mandate direct the lower court to do.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.

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2 comments

Asker

Posted

In 2010 he filed a Habeas Corpus- he was sentenced to three five year sentences to be ran consecutive . The 5 year sentence that he is appealing is Providing a false name.. the state claimed that it was in adverse affect, but the officers knew his name before they even left the scene of the crime. When he filed his appeal the lower court claimed they never recieved it, therefore the DCA closed his case. He then in December filed a request for a belated appeal, which the DCA granted at they instructed the lower court to show cause why it shouldn't be. They came back with no argument. The next thing that was posted was Granted - Per Curiam Opinion Copy OP to LT clk, treat as NOA, if qual, cnsl appt-REINSTATE THIS CASE.. Then 20 days later it said case closed Court / Agency Mandate Cover Letter Circuit Court Mandate . And that is all its says.

Will Murphy

Will Murphy

Posted

With the MAJOR caveat that I do NOT do criminal defense work and so this is outside my area of expertise, it sounds like the appellate court is telling the Lower Tribunal (trial court) to treat something you filed as a Notice of Appeal (NOA) which is what is needed to start an appeal. It sounds like you had an appeal pending at that point, but it was closed, either due to some failure to follow up, or some court error. This is liberty you are fighting for -- you need to get an attorney that handles these things to represent you on this and yesterday is not soon enough.