CHARLES R. DAY, PETITIONER,
v.
MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS AND THE FLORIDA PAROLE COMMISSION, RESPONDENTS

Fla. 1st DCA | 2001-05-21
No. 1D00-4950
WEBSTER, BROWNING and LEWIS, JJ., concur.
785 So. 2d 699 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 4 cases
Topics
Motion To Set Aside Order Florida Rule Of Civil Procedure 1.540 Writ Of Certiorari Appellate Jurisdiction

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Opinion of the Court
PER CURIAM.

[*700] PER CURIAM.

By petition for writ of certiorari, Charles R. Day seeks review of an order of the circuit court denying his petition for writ of habeas corpus. Because the petition was not timely filed, we dismiss it for lack of jurisdiction. We note, however, that Day alleges that he did not receive a copy of the trial court’s order until after the 30-day period for invoking appellate jurisdiction had expired. Accordingly, this disposition is without prejudice to petitioner’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, e.g., Brown v. Florida Parole Commission, 763 So. 2d 1262 (Fla. 1st DCA 2000).

WEBSTER, BROWNING and LEWIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fain v. State, 886 So. 2d 244 (Fla. 1st DCA 2004)
    …he notice of appeal was not timely filed, the appeal is hereby dismissed as untimely. This dismissal is without prejudice to the appellant’s right to seek relief in the trial court pursuant to Florida Rule of Civil Procedure 1.540. See Day v. Moore, 785 So. 2d 699 (Fla. 1st DCA 2001). Cf. Brigham v. State, 769 So. 2d 1100, 1101 (Fla. 1st DCA 2000). ALLEN, VAN NORTWICK and BROWNING, JJ., concur.…
  • Wells v. Crosby, 886 So. 2d 246 (Fla. 1st DCA 2004)
    …he notice of appeal was not timely filed, the appeal is hereby dismissed as untimely. This dismissal is without prejudice to the appellant’s right to seek relief in the trial court pursuant to Florida Rule of Civil Procedure 1.540. See Day v. Moore, 785 So. 2d 699 (Fla. 1st DCA 2001). Cf. Brigham v. State, 769 So. 2d 1100, 1101 (Fla. 1st DCA 2000). ALLEN, VAN NORTWICK and BROWNING, JJ., concur.…

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