HENRY J. LYONS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2001-10-26
No. 1D01-3532
BOOTH, BARFIELD and MINER, JJ., concur.
797 So. 2d 1271 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This petition for writ of habeas corpus seeks belated appeal of an order of the circuit court which denied a petition for writ of mandamus. Because the proceeding below was not a criminal case, Florida Rule of Appellate Procedure 9.141(c) does not apply. However, we acknowledge petitioner’s claim that he did not receive a copy of the circuit court’s order until after the time for initiating an appeal had expired. Accordingly, the petition for writ of habeas corpus is denied without prejudice to petitioner’s right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983).

PETITION DENIED.

BOOTH, BARFIELD and MINER, JJ., concur.


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  • Norris Michael Thomas v. Fla. Parole Comm'n, 827 So. 2d 358 (Fla. 1st DCA 2002)
    …a civil proceeding, we reverse as an abuse of discretion the trial court’s denial of the Appellant’s motion to vacate brought pursuant to Florida Rule of Civil Procedure 1.540(b), and [*359] remand the matter to the trial court. See Lyons v. State, 797 So. 2d 1271 (Fla. 1st DCA 2001). ALLEN, C.J., DAVIS and PADOVANO, JJ., concur.…

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