ALFRED
v.
MOORE
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Jerry Neil Alfred sought a belated appeal of a circuit court order in a civil matter. The First District Court of Appeal dismissed the petition for lack of jurisdiction, holding that belated appeals are only available in criminal collateral or postconviction cases, not in civil proceedings.
The Court lacks jurisdiction to grant a belated appeal in a civil proceeding. Petitions for belated appeal are authorized only for review proceedings in collateral or postconviction criminal cases under Florida Rule of Appellate Procedure 9.141.
“Because Petitioner seeks a belated appeal of a circuit court order entered in a civil matter, the Court dismisses the petition for lack of jurisdiction.”
Establishes the jurisdictional basis for the dismissal
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Join FLexlaw to unlock all legal intelligencePetitioner Jerry Neil Alfred filed a petition for a belated appeal of a circuit court order in a civil case against Jennifer Falcone Moore. Alfred was…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
No. 1D2025-1926
JERRY NEIL ALFRED, Petitioner,
V.
JENNIFER FALCONE MOORE, Respondent.
Petition for Writ of Belated Appeal—Original Jurisdiction.
March 4, 2026
PER CURIAM.
Because Petitioner seeks a belated appeal of a circuit court order entered in a civil matter, the Court dismisses the petition for lack of jurisdiction. See Fla. R. App. P. 9.141 (authorizing a petition for belated appeal only for “review proceedings in collateral or postconviction criminal cases"); Perez v. Jones, 174 So. 3d 1088 (Fla. 1st DCA 2015) (explaining that this Court lacks the authority to grant a belated appeal in a civil proceeding).
LEWIS, ROBERTS, and NORDBY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Jerry Neil Alfred, pro se, Petitioner. No appearance for Respondent.
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