CONEY v. McNEIL, 36 So.3d 655 (Fla. 2010)

EARL CONEY v. WALTER A. McNEIL, ETC. EARL CONEY, Petitioner(s) v. STATE OF FLORIDA, Respondent(s).

Nos. SC10-13, SC10-14.Supreme Court of Florida.
May 10, 2010.

Lower Tribunal No(s). 2009-CF-008894.

The petition for writ of mandamus in Case No. SC10-14 is hereby granted and the Fourth District Court of Appeal is directed to accept for filing the Petitioner’s notice of appeal filed in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, on December 9, 2009, in case number 2009-CF-008894. Because we are confident that the district court will act in a manner consistent with this order, we withhold issuance of the writ.

The petition for writ of habeas corpus in Case No. SC10-13 is hereby denied without prejudice. Petitioner’s motion for records filed in Case No. SC10-13 is hereby denied without prejudice. Respondent’s motion for extension of time to file his response in Case No. SC10-13 is hereby granted and said response was filed with this Court on March 8, 2010.

LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.

jdjungle