KEVIN V. BROWN, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, ET AL., APPELLEES

Fla. 1st DCA | 2000-07-06
No. 1D00-771
BARFIELD, .C.J., KAHN and DAVIS, JJ., concur.
763 So. 2d 1262 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 8 cases
Topics
Motion To Set Aside Order Florida Rule Of Civil Procedure 1.540 Timeliness Of Appeal Appellate Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s notice of appeal, whereby he sought review of an order of the circuit court denying his petition for writ of habe-as 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. 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, Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983).

DISMISSED.

BARFIELD, .C.J., KAHN and DAVIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gamble v. State, 932 So. 2d 1241 (Fla. 1st DCA 2006)
    …al is hereby dismissed for lack of jurisdiction. The dismissal is without prejudice to appellant seeking relief pursuant to Florida Rule of Civil Procedure 1.540. See Gundlah v. Moore, 831 So. 2d 780 (Fla. 4th DCA 2002); Brown v. Fla. Parole Comm’n, 763 So. 2d 1262 (Fla. 1st DCA 2000). BARFIELD, VAN NORTWICK, and LEWIS, JJ., concur.…
  • DAY v. Moore, 785 So. 2d 699 (Fla. 1st DCA 2001)
    …l 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, e.g., Brown v. Florida Parole Commission, 763 So. 2d 1262 (Fla. 1st DCA 2000). WEBSTER, BROWNING and LEWIS, JJ., concur.…
  • Antwain S. Kelly v. State, 867 So. 2d 552 (Fla. 1st DCA 2004)
    …PER CURIAM. DISMISSED. Brown v. Florida Parole Comm’n, 763 So. 2d 1262 (Fla. 1st DCA 2000). ERVIN, DAVIS and BROWNING, JJ., concur.…

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