Legal Opinion

BYRD-GREEN v. State

District Court of Appeal of Florida

Decided July 14, 2010No. 3D09-3387Published

1Opinion of the CourtShepherd, J.

Appellant, Alvie Byrd-Green, appeals from a November 30, 2009 order, which reads, in its entirety: “The Defendant’s Pro Se Notice of Discovery Filed 8/28/09 had no ruling. Court has no jurisdiction!.] See DCA # 3D09-2160.” From this order, we glean the trial court believed it lacked jurisdiction to entertain Byrd-Green’s “Notice of Discovery,” and “Motion to Produce Police Reports,” because of a pending appeal in this Court, Case Number 3D09-2160, of a July 29, 2009 Order Denying Byrd-Green’s Petition for Writ of Mandamus. Respectfully, the trial court was incorrect.

The filing of a notice of…

2Cases cited3 opinions

  1. Allen v. StateDistrict Court of Appeal of Florida · 1991
  2. Alonso v. StateDistrict Court of Appeal of Florida · 2004
  3. Miseveth v. StaffordDistrict Court of Appeal of Florida · 1996

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