This is a copy of my Motion to Convert Appeal. I asked Florida's 1st DCA to convert my appeal from one which seeks review of a final order to one which seeks review of a non-final order. The Justices agreed and converted my appeal. This will help my appeal move through the case load faster.
IN THE FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA JOHN P. CARROLL, Plaintiff/Appellant, v. CASE NO.: 1D10-643 L.T. CASE: 2009 CA 002021 WATERSOUND BEACH COMMUNITY ASSOCIATION, INC., WATERCOLOR COMMUNITY ASSOCIATION, INC., SANDRA MATTESON, DAVID LILIENTHAL, RONALD VOELKER, MARY JOULE, JOHN DOE AND JANE DOE, Defendants/Appellees. ______________________________/ ON APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR WALTON COUNTY, FLORIDA CASE NUMBER 2009 CA 002021 ___________________________________________________________________ APPELLA T'S MOTIO TO CO VERT THIS APPEAL FROM THAT OF A FI AL ORDER TO A O FI AL ORDER ___________________________________________________________________ John P. Carroll, Pro Se Box 613524 WaterSound, FL 32461 Telephone 850-231-5616 Facsimile 850-622-5618 AAbsolute@aol.com COMES NOW APPELLANT JOHN P. CARROLL, pursuant Florida Rules of Appellate Procedure 9.300 (a) and states: 1. On October 9, 2009, Appellant filed a Complaint for Equitable and other relief as Plaintiff in the lower tribunal. 2. On November 3, 2009, Appellant filed a separate Petition for Injunction, as Petitioner in the lower tribunal. That Petition shared the same case number in the lower tribunal as the original complaint. 3. On January 5, 2010, a hearing was held in the lower tribunal, limited to the Petition for Injunction, with the Honorable W. Howard LaPorte presiding. 4. On January 12, 2010, the Order of Judge LaPorte, denying the Petition for Injunction, was filed with the Clerk of the lower tribunal. 5. On February 8, 2010, Appellant timely filed his Notice of Appeal seeking appellate review of the Petition of Injunction, as a Final Order. 6. Appellant and Appellees, WaterSound Beach Community Association, Inc., et al’s Counsel, Christopher George, Esq., have found this Appeal on the Injunction disruptive to the ongoing discovery efforts at the lower tribunal level. 7. As such, Appellant has sought an Order from the lower tribunal seeking to Compel Discovery of the same documents at issue in this Appeal before you now. (Appendix 1) 8. It is Appellant’s belief that the proper course of action, going forward in this appeal, is to convert same to an Appeal of a Non Final Order from the lower tribunal’s ongoing litigation, in accordance with Florida Rules of Appellate Procedure 9.130 (a)(3)(B). 9. Appellant has filed notice as such with the Clerk of the lower tribunal, in substantial accordance with Rule 9.900 (c) (Appendix 2), and instructed the Clerk to suspend and disregard Appellant’s Instructions to the Clerk to assemble the Record, which were filed on February 8, 2010. 10. Appellant has filed his Initial Brief with the 1st District Court of Appeal and attached the Record as an Appendix per Florida Rule of Appellant Procedure 9.130 (e). Said brief was filed within 15 days of the filing of the original Notice of Appeal. 11. None of the parties to this appeal have or will be prejudiced by the granting of this Motion. For the above mentioned reasons, Appellant Carroll respectfully requests the 1st District Court of Appeals treat this Appeal as an Appeal from a Non Final Order. Respectfully submitted, _____________________________ John P. Carroll, pro se Box 613524 WaterSound, FL 32461 (850) 231-5616 - phone (850) 622-5618- fax AAbsolute@aol.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Christopher L. George, Esq., PO Box 1034, Mobile, AL 36633 and to Mark D. Davis, Esq., 694 Baldwin Ave. Suite 1, PO Box 705, DeFuniak Springs, FL 32435, and to Gary Shipman, Esq., 1414 County Highway 283 South, Suite B, Santa Rosa Beach, FL 32459, Attorneys for Appellees, by hand delivery or certified mail this 17th day of February, 2010. _____________________________ John Carroll, pro se Box 613524 WaterSound, FL 32461 (850) 231-5616 - phone (850) 622-5618- fax AAbsolute@aol.com CERTIFICATE OF COMPLIA CE I HEREBY CERTIFY that the lettering in this brief is Times New Roman 14- point Font and complies with the font requirements of Florida Rule of Appellate Procedure 9.210(a)(2). _____________________________ John Carroll, pro se Box 613524 WaterSound, FL 32461 (850) 231-5616 - phone (850) 622-5618- fax AAbsolute@aol.com
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