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Montgomery v. Crosby

District Court of Appeal of Florida, First District
Dec 23, 2004
889 So. 2d 998 (Fla. Dist. Ct. App. 2004)

Summary

dismissing appeal as duplicative of separate proceedings instituted by petition for writ of certiorari

Summary of this case from Monzon-Guevara v. McNeil

Opinion

No. 1D04-4147.

December 23, 2004.

An appeal from the Circuit Court for Baker County. Elzie S. Sanders, Judge.

Appellant, pro se.

Charlie Crist, Attorney General and Louis A. Vargas, Tallahassee, for Appellee.


Having considered the appellant's response to this Court's order, dated October 25, 2004, the Court finds that the proper avenue for review of the order on appeal is by Petition for Writ of Certiorari. See Sheley v. Florida Parole Commission, 720 So.2d 216, 217 (Fla. 1998). However, as the appellant has filed such a petition challenging the instant order in case number 1D04-3973, this case is duplicative of the proceedings in that case. Accordingly, the instant appeal is hereby DISMISSED without prejudice for the Court to consider the petition filed in case number 1D04-3973. See Cheatham v. Decker, 751 So.2d 176 (Fla. 1st DCA 2000).

ALLEN, DAVIS and BENTON, JJ., concur.


Summaries of

Montgomery v. Crosby

District Court of Appeal of Florida, First District
Dec 23, 2004
889 So. 2d 998 (Fla. Dist. Ct. App. 2004)

dismissing appeal as duplicative of separate proceedings instituted by petition for writ of certiorari

Summary of this case from Monzon-Guevara v. McNeil
Case details for

Montgomery v. Crosby

Case Details

Full title:Willie James MONTGOMERY, Appellant, v. James V. CROSBY Jr, Secretary…

Court:District Court of Appeal of Florida, First District

Date published: Dec 23, 2004

Citations

889 So. 2d 998 (Fla. Dist. Ct. App. 2004)

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