DANIEL K. MAXWELL
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-07-09
No. 18-0340
Roberts, J., Wetherell, J., Osterhaus, J., Shelfer, J.
247 So. 3d 720 Florida District Court of Appeal, First District (2018) Positive Treatment
Cited by 4 cases

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Holding

An appeal that is not timely filed must be dismissed.


Headnotes

[1] An appeal must be filed within the time prescribed by the Florida Rules of Appellate Procedure, and failure to do so results in dismissal for lack of jurisdiction.

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Facts & Procedural History

Daniel K. Maxwell appealed from a Circuit Court decision in Wakulla County. The appeal was determined to be untimely filed.…

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Opinion of the Court
Osterhaus

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-0340 _____________________________

DANIEL K. MAXWELL,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Wakulla County. James O. Shelfer, Judge.

July 9, 2018

PER CURIAM.

Upon consideration of Appellant’s response to the Court’s order of June 4, 2018, the Court has determined that the appeal is untimely. Accordingly, the appeal is dismissed. Any request for belated appeal must be filed pursuant to Florida Rule of Appellate Procedure 9.141(c). ROBERTS, WETHERELL, and OSTERHAUS, JJ., concur.

2

_____________________________

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

Daniel K. Maxwell, pro se, Appellant; Daren L. Shippy of the Office of Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


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