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DAILY v. SOLOWAY

No. 1D13-4272.

125 So.3d 363 (2013)

Larry Alan DAILY, Appellant, v. Daniel Mark SOLOWAY, et al., Appellees.

District Court of Appeal of Florida, First District.

November 12, 2013.

Attorney(s) appearing for the Case

Larry Alan Daily, pro se, Appellant.

Phillip S. Howell , Autumn P. George , and Katie L. Franklin , of Galloway, Johnson, Tompkins, Burr & Smith, PLC, Tampa, for Daniel Mark Soloway and The Soloway Law Firm, P.A., and J. Phillip Warren , of Taylor Warren & Weidner, P.A., Pensacola (no appearance), for Appellees.

PER CURIAM.

Appellant's notice of appeal contains a certificate of service, as well as an institutional date stamp initialed by appellant, showing the notice was given to institution officials for mailing on September 2, 2013. For purposes of the "mailbox rule," Florida Rule of Appellate Procedure 9.420(a)(2), the presumption is that the date stamp properly reflects the date on which the notice of appeal was turned over for mailing. Crews v. Malara, 2013 WL...

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