Opinion · District Court of Appeal of Florida

Powell v. Florida Dept. of Corrections

Powell v. Fla. Dept. of Corr., 727 So. 2d 1103 (Fla. Dist. Ct. App. 1999)

Type
Opinion
Court
District Court of Appeal of Florida
Jurisdiction
Florida
Date
1999-03-10
Topic
general

How later courts describe this case

  • holding that where the proceedings below are civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141 are not applicable
  • holding that a motion for belated appeal in a criminal proceeding, pursuant to Florida Rule of Appellate Procedure 9.140(j) (currently Rule 9.141(c)
  • stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.140(j), now rule 9.141(c), are not applicable
  • stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable
  • determining that appellate court could not grant petition seeking belated appeal of order entered in a civil matter
  • stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.l40(j) (now rule 9.141(c)) are not applicable
  • stating that where the proceedings below are civil in nature, the provisions of the belated appeal rule are not applicable
  • denying a petition for belated appeal without prejudice to seek relief in the trial court stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141 are not applicable

Citator

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Cited by
126 opinions
727 So.2d 1103 (1999)

Gary POWELL, Petitioner,
v.
FLORIDA DEPARTMENT OF CORRECTIONS and Florida Parole Commission, Respondents.

No. 99-318.

District Court of Appeal of Florida, First District.

March 10, 1999.

Gary Powell, pro se, petitioner.

No appearance for respondents.

PER CURIAM.

Gary Powell petitions this court for a belated appeal of orders denying his petition for writ of mandamus/habeas corpus. Because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.140(j) are not applicable. We therefore deny the petition, but do so without prejudice to Powell's right to seek relief in the trial court. See Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

ERVIN, BOOTH, and BENTON, JJ., concur.