BRAD MILLER
v.
STATE OF FLORIDA
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An appeal that is not filed within the prescribed time period must be dismissed as untimely, though the dismissal may be without prejudice to allow filing of a belated appeal petition.
[1] An untimely appeal may be dismissed without prejudice when the appellate rules permit the filing of a petition for belated appeal under Florida Rule of Appellate Procedur…
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Join FLexlaw to unlock all legal intelligenceBrad Miller filed an appeal from a Circuit Court decision in Escambia County. Upon the Court's order of February 20, 2019, the Court reviewed Appellan…
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April 11, 2019 PER CURIAM.
Upon consideration of Appellant’s response to the Court’s order of February 20, 2019, the Court has determined that the appeal is untimely. Accordingly, the appeal is dismissed. The dismissal is without prejudice to Appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).
LEWIS, ROWE, and MAKAR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Brad Miller, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.