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Dan Fudge v. State of Florida

Citation: Not availableDocket: 17-5024

Court: District Court of Appeal of Florida; May 11, 2018; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The First District Court of Appeal of Florida issued a ruling in case number 1D17-5024, where Dan Fudge appealed against the State of Florida. The appeal originated from the Circuit Court for Duval County, presided over by Judge Steven B. Whittington. The appellate court dismissed the appeal on May 11, 2018, with Judges Roberts, Ray, and Kelsey concurring. The dismissal is not final until the resolution of any timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331. Dan Fudge represented himself in the appeal, while the appellee was represented by Attorney General Pamela Jo Bondi from Tallahassee.

Legal Issues Addressed

Appellate Procedure - Finality of Dismissal

Application: The appellate court's dismissal of an appeal is not considered final until any timely and authorized post-decision motions are resolved.

Reasoning: The dismissal is not final until the resolution of any timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331.

Role of Concurring Judges in Appellate Decisions

Application: The decision to dismiss the appeal was made with the concurrence of multiple appellate judges, ensuring a collective judicial agreement.

Reasoning: The appellate court dismissed the appeal on May 11, 2018, with Judges Roberts, Ray, and Kelsey concurring.

Self-Representation in Appeals

Application: The appellant in this case, Dan Fudge, chose to represent himself in the appellate proceedings.

Reasoning: Dan Fudge represented himself in the appeal, while the appellee was represented by Attorney General Pamela Jo Bondi from Tallahassee.