Petition for Writ of Mandamus, Appendix Pages 30 and 31

NOVEMBER 3, 1994, ORDER OF JUDGE THOMPSON

Appendix Pages 30 and 31

IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CRIMINAL DIVISION

STATE OF FLORIDA,
Plaintiff,

Robert F. Allston,
Defendant

Case No. 94-803CF

ORDER

THIS CAUSE comes before the Court on the attached Notice of Appeal filed by Robert F. Allston, pro se. The Court is of the opinion that its order dated October 14, 1994, transferring Robert F. Allston's pro se Complaint for Declaratory Judgment to his criminal case for consideration by the Judge assigned to that case is a non-appealable Order therefore it is

ORDERED AND ADJUDGED that the Notice of Appeal shall be attached to this Order and filed in the criminal case, however, it shall not be operative to commence an appeal of that Order. It is further

ORDERED AND ADJUDGED that Albert F. Allston, through his appointed counsel, may call his complaint for Declaratory Relief up for hearing before the assigned Criminal Judge, if desired, and that Judge may, if desired, also reconsider what effect to give this Notice of Appeal.

DONE AND ORDERED this 3rd day of November, 1994.

James R. Thompson
CIRCUIT JUDGE

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished by U.S. mail to Robert F. Allston, Lee County Stockade, 2501 Ortiz Avenue, Fort Myers, Florida 33905 and the Public Defender's Office, Lee County Justice Center, 1700 Monroe Street, Fort Myers, Fl 33901, this 3rd day of November, 1994.

Wilson
Judicial Assistant

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