JOHN H. PASCHAL
v.
STATE OF FLORIDA AND DEPARTMENT OF CORRECTIONS
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A court of appeal cannot grant a belated appeal of a trial court order in a civil case.
[1] A belated appeal of a trial court order in a civil case is not available through the appellate courts; a party seeking to challenge an untimely order must pursue relief t…
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Join FLexlaw to unlock all legal intelligencePetitioner John H. Paschal sought a belated appeal of a trial court order in a civil matter. He filed his petition pro se in the Fifth District Court …
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PER CURIAM.
Petitioner requests a belated appeal of a trial court order entered in a civil case. We cannot grant a belated appeal of such an order. See Harris v. Anne Bates Leach Eye Inst., 174 So. 3d 570,
571 (Fla. 3d DCA 2015); Woodson v. State, 114 So. 3d 1068 (Fla. 1st DCA 2013). Petitioner may seek relief in the lower tribunal under Florida Rule of Civil Procedure 1.540. See Brown v. State, 708 So. 2d 1041, 1041–42 (Fla. 1st DCA 1998).
DISMISSED.
MAKAR, WALLIS, and JAY, JJ., concur.
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- Nugent Hutchins v. Gale Indus. & Scibal Assocs. of Fla., Inc., 708 So. 2d 1041 (Fla. 1st DCA 1998)
- Harris v. Anne Bates Leach EYE Inst., 174 So. 3d 570 (Fla. 3d DCA 2015)
- Carlo Woodson v. State, 114 So. 3d 1068 (Fla. 1st DCA 2013)