MARK A. MERRILL
v.
STATE OF FLORIDA, MARK S. INCH, FLORIDA DEPARTMENT OF CORRECTIONS
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A belated appeal petition in a civil matter cannot proceed under Florida Rule of Appellate Procedure 9.141(c), but the petitioner may seek relief through a motion under Florida Rule of Civil Procedure 1.540 in the lower tribunal.
[1] Florida Rule of Appellate Procedure 9.141(c), which governs belated appeals, does not apply to civil proceedings.
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Join FLexlaw to unlock all legal intelligence“because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable”
The court cited Powell v. Fla. Dep't of Corrections to establish the inapplicability of Rule 9.141(c) to civil proceedings.
Mark Merrill filed an amended petition seeking a belated appeal of a lower tribunal order in a civil matter against the State of Florida and the Flori…
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PER CURIAM.
Because this amended petition seeks belated appeal of a lower tribunal order in a civil matter, the amended petition is denied. See Powell v. Fla. Dep't of Corrections, 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). Petitioner may seek relief in the lower tribunal by a motion pursuant to Florida Rule of Civil Procedure 1.540. See Welch v. Department of Corrections, 238 So. 3d 1281 (Fla. 1st DCA 2018).
BILBREY, WINOKUR, and JAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)
- Welch v. Dep't of Corr., 238 So. 3d 1281 (Fla. 1st DCA 2018)