JOSEPH W. ATKINS
v.
STATE OF FLORIDA
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An appeal filed outside the applicable time period must be dismissed, with relief available through a motion for belated appeal rather than a direct appeal on the merits.
[1] When a party is unable to file a timely appeal because an order on a postconviction motion was not received until after the appeal deadline expired, relief must be sought…
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Join FLexlaw to unlock all legal intelligenceJoseph W. Atkins, a pro se appellant, filed an appeal in a criminal case from Leon County Circuit Court. The appeal was untimely.…
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December 31, 2018 PER CURIAM.
DISMISSED. See Daily v. Soloway, 125 So. 3d 363 (Fla. 1st DCA 2013) (dismissing untimely appeal where appellant argued prison officials prevented him from timely filing appeal); Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000) (explaining that motion for belated appeal is proper avenue for relief where order on postconviction motion was not received until after time to appeal had expired).
LEWIS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Joseph W. Atkins, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000)
- Daily v. Soloway, 125 So. 3d 363 (Fla. 1st DCA 2013)