MARCELINO PENALOZA vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARCELINO PENALOZA, Appellant, v. Case No. 5D21-1434 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 8, 2021 Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge. Marcelino Penaloza, Bonifay, pro se. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Christakis v. Tivoli Terrace, LLC, 219 So. 3d 85, 86– 87 (Fla. 4th DCA 2017) (holding that the January 1, 2015 amendment to Florida Rule of Appellate Procedure 9.020(i)(3) does not have retroactive effect so as to undo the abandonment of a motion for new trial which resulted under the prior version of the rule when the notice of appeal was filed before the filing of a signed, written order disposing of the motion for new trial filed by the appealing party). LAMBERT, C.J., EVANDER and WALLIS, JJ., concur. 2

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