MICHAEL KOFFARNUS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-11-30
No. 17-1819
Lester, J., Orfinger, J., Lambert, J., Eisnaugle, J.
258 So. 3d 575 Florida District Court of Appeal, Fifth District (2018)

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Holding

The court dismissed the first issue raised on appeal and affirmed the trial court's decision on the second ground for relief.


Headnotes

[1] An appellant may seek appropriate and timely postconviction relief in the trial court notwithstanding dismissal of an appellate issue without prejudice.

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Facts & Procedural History

Michael Koffarnus appealed a decision from the Circuit Court for Seminole County. The appeal involved two issues for reversal.…

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Opinion of the Court
Eisnaugle

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MICHAEL KOFFARNUS,

Appellant,

v. Case No. 5D17-1819

STATE OF FLORIDA,

Appellee. ________________________________/ Opinion filed November 30, 2018 Appeal from the Circuit Court for Seminole County, Kenneth T. Lester, Jr., Judge. Lisabeth Fryer, of Lisabeth J. Fryer, P.A., Lake Mary, and Whitney S. Boan, of Whitney S. Boan, P.A., Orlando, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K.

Totten, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

We dismiss, in part, Appellant’s appeal as to his first issue raised for reversal and affirm as to his second ground for relief. We do so without prejudice to Appellant’s right to seek appropriate and timely postconviction relief in the trial court. AFFIRMED, in part; DISMISSED, in part, without prejudice. ORFINGER, LAMBERT, and EISNAUGLE, JJ., concur.


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