5D04-3945 Fariello v. Crystal Hills

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-3945

Case Date: 01/10/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

VERA FARIELLO, Petitioner, v. CRYSTAL HILLS MINI FARMS, ETC., Respondent. ________________________________/ Opinion filed January 14, 2005 Petition for Writ of Prohibition, Richard A. Howard, Respondent Judge. Vera Fariello, Hernando, pro se. Frank A. Hamner and Andrew F. Knopf of Gray Robinson, P. A., Orlando, for Respondent. Case No. 5D04-3945

PER CURIAM. The petition for writ of prohibition is denied. Petitioner appealed an order which in part, prohibited her from filing any pro se pleadings in the underlying civil action. Petitioner filed an appeal of that order and the circuit court attempted to strike it. The circuit court did not have jurisdiction to strike petitioner's pro se notice of appeal. Petitioner's pro se notice of appeal was transferred to this court, and the appeal is proceeding in the normal and ordinary course of appellate procedure. Consequently, prohibition is unnecessary. PETITION DENIED.

SAWAYA, C.J., GRIFFIN, and ORFINGER, JJ., concur.

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