CARLO WOODSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Because this petition seeks belated appeal of an order which dismissed a petition for writ of habeas corpus, the petition for belated appeal is dismissed for lack of jurisdiction. See Powell v. Florida Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable). This disposition is without prejudice to petitioner’s right to seek relief in the circuit court by a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b). See, Hollingsworth v. Szczecina, 731 So.2d 790 (Fla. 1st DCA 1999); Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).
VAN NORTWICK, ROBERTS, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Paschal v. State of Fla. & Dep't of Corr. (Fla. 5th DCA 2024)…PER CURIAM. Petitioner requests a belated appeal of a trial court order entered in a civil case. We cannot grant a belated appeal of such an order. See Harris v. Anne Bates Leach Eye Inst., 174 So. 3d 570, 571 (Fla. 3d DCA 2015); Woodson v. State, 114 So. 3d 1068 (Fla. 1st DCA 2013). Petitioner may seek relief in the lower tribunal under Florida Rule of Civil Procedure 1.540. See Brown v. State, 708 So. 2d 1041, 1041–42 (Fla. 1st DCA 1998). DISMISSED. MAKAR, WALLIS, and JAY, JJ., concur. ____________________…
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Paschal v. State of Fla. & Dep't of Corr. (Fla. 5th DCA 2024)…PER CURIAM. Petitioner requests a belated appeal of a trial court order entered in a civil case. We cannot grant a belated appeal of such an order. See Harris v. Anne Bates Leach Eye Inst., 174 So. 3d 570, 571 (Fla. 3d DCA 2015); Woodson v. State, 114 So. 3d 1068 (Fla. 1st DCA 2013). Petitioner may seek relief in the lower tribunal under Florida Rule of Civil Procedure 1.540. See Brown v. State, 708 So. 2d 1041, 1041–42 (Fla. 1st DCA 1998). DISMISSED. MAKAR, WALLIS, and JAY, JJ., concur. ____________________…
Authorities Cited
- Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)
- Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983)
- Hollingsworth v. Szczecina, 731 So. 2d 790 (Fla. 1st DCA 1999)
- Nugent Hutchins v. Gale Indus. & Scibal Assocs. of Fla., Inc., 708 So. 2d 1041 (Fla. 1st DCA 1998)
- Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998)