TOMMY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant’s notice of appeal, whereby he sought review of an order of the circuit court denying his petition for writ of habeas corpus, was not timely filed. For this reason, we dismiss the appeal for lack of jurisdiction. However, we acknowledge appellant’s claim that he did not receive a copy of the circuit court’s order until after the time for initiating an appeal had expired, and note that this claim appears from the matters before us to have some basis in fact. Accordingly, this disposition is without prejudice to appellant’s right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983).
APPEAL DISMISSED.
MINER, KAHN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (38 total)
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Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)…dings 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.…
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Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000)…motion in the trial court pursuant to Florida Rule of Civil Procedure 1.540, which advises the trial court that the order was not received or was otherwise misplaced and should be re-issued in the interest of justice. The state cites Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998), Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983) and Dempsey v. Florida Department of Corrections, 765 So. 2d 95 (Fla. 1st DCA 2000). We write to address the suggestion that petitioner’s proper remedy to obtain belated ap…
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Griffin v. Fla. Parole Comm'n, 727 So. 2d 1092 (Fla. 1st DCA 1999)…to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983). PETITION DENIED. WOLF, KAHN and PADOVANO, JJ., concur.…
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- Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983)