TYRONE WELLS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-05-31
No. 18-0318
244 So. 3d 418 Florida District Court of Appeal, First District (2018)

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Holding

A petition for belated appeal may be granted to reinstate a previously dismissed appeal when the appellant has filed such a petition.


Headnotes

[1] A court may grant a petition for belated appeal and reinstate a previously dismissed appeal by treating such petition as a motion to reinstate.

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Facts & Procedural History

Wells's appeal in case number 1D17-4309 was dismissed when he failed to respond to an order on untimeliness. Wells subsequently filed a petition for b…

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Opinion of the Court

We dismissed the appeal in Wells v. State, case number 1D17-4309, when Wells failed to respond to an order on untimeliness. We now grant Wells’s petition for belated appeal, which we treat as a motion to reinstate, and we reinstate case number 1D17-4309. The initial brief in case number 1D17-4309 shall be filed within thirty days of the date of this opinion.

LEWIS, MAKAR, and M.K. THOMAS, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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