MORRIS FAIN, PETITIONER,
v.
FLORIDA COMMISSION ON OFFENDER REVIEW, RESPONDENT

Fla. 1st DCA | 2016-03-31
No. 1D16-0155
RAY, BILBREY, and JAY, JJ., concur.
187 So. 3d 958 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Morris Fain seeks a belated appeal of an order dismissing his petition for writ of mandamus. We have no authority to grant a belated appeal in a civil proceeding. See Powell v. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999). Accordingly, the petition is DENIED. This disposition is without prejudice, however, to petitioner seeking relief in the lower tribunal. See generally, Milord v. Fla. Parole Comm’n, 4 So.3d 762 (Fla. 1st DCA 2009) (Browning, J., concurring).

RAY, BILBREY, and JAY, JJ., concur.


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  • Ovwigho v. Midland Funding LLC (Fla. 1st DCA 2021)
    …concurs. I concur in dismissal but note that this “disposition is without prejudice, however, to petitioner seeking relief in the lower tribunal.” Bedwell v. Moore, 289 So. 3d 997, 997 (Fla. 1st DCA 2020); Fain v. Florida Com’n on Offender Review, 187 So. 3d 958 (Fla. 1st DCA 2016) (same); Perez v. Jones, 174 So. 3d 1088 (Fla. 1st DCA 2015) (same). _____________________________ Shannon Ovwigho, pro se, Appellant. No Appearance for Appellee.…

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