Gary Freeman v. Florida Department of Corrections

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

GARY FREEMAN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-4285

FLORIDA DEPARTMENT OF CORRECTIONS,

Appellee. _____________________________/

Opinion filed April 8, 2016.

An appeal from the Circuit Court for Leon County. George S. Reynolds, III, Judge.

Gary Freeman, for Appellant.

Kenneth S. Steely, General Counsel, Tallahassee; Pamela Jo Bondi, Attorney General, Daniel A. Johnson, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS and THOMAS, JJ., CONCUR; MAKAR, J., CONCURS WITH WRITTEN OPINION.

Makar, J., concurring

We are required to dismiss this matter as untimely, but the transfer of Freeman during the 30-day period when he was required to pursue his appellate remedy provides him with an “alternative avenue of review.” Gundlah v. Moore, 831 So. 2d 780, 781 (Fla. 4th DCA 2002) (“The appropriate remedy has been to dismiss the untimely appeal without prejudice, allowing the appellant to pursue relief in the lower tribunal by motion seeking to set aside the original order and requesting that a new appealable order be entered.”).