Albert Cooper vs Department of Corrections, Ashley Moody, Attorney General, Kenneth Steely, General Counsel
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-3274 _____________________________ ALBERT COOPER, Appellant, v. DEPARTMENT OF CORRECTIONS, ASHLEY MOODY, Attorney General, KENNETH STEELY, General Counsel, Appellees. _____________________________ On appeal from the Circuit Court for Leon County. John C. Cooper, Judge. February 18, 2020 PER CURIAM. This appeal was administratively dismissed for failure of Appellant to respond to the Court’s show cause order on timeliness. Appellant now moves for reconsideration and attaches his response. We grant the motion and reinstate the appeal. However, because the notice of appeal was not timely filed within 30 days of the July 17, 2019, order dismissing Appellant’s petition for writ of mandamus, we dismiss this appeal as untimely. Fla. R. App. P. 9.110(b). Appellant’s motion for relief from the lien placed on his inmate trust account was not timely filed and did not toll the time for filing the notice of appeal; the order dated August 21, 2019, denying this motion is not independently reviewable. See Mobley v. McNeil, 989 So. 2d 1215 (Fla. 1st DCA 2008). DISMISSED. MAKAR, BILBREY, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Albert Cooper, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellees. 2
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