JAMES M. WARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
The circuit court civilly committed petitioner as a sexually violent predator by order entered on July 23, 2002. Petitioner now seeks a belated appeal of the circuit court’s order pursuant to Florida Rule of Appellate Procedure 9.141(c). Because proceedings under the Jimmy Ryce Act are civil in nature, see State v. Mitchell, 848 So. 2d 1209 (Fla. 1st DCA 2003), rule 9.141(c) is inapplicable, and this court lacks the authority to grant a belated appeal. See Hollingsworth v. Szczecina, 731 So. 2d 790 (Fla. 1st DCA 1999)(holding that the court was without authority to grant a belated appeal in a civil matter, but noting that petitioner could seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540); Jordan v. Singletary, 724 So. 2d 1263 (Fla. 1st DCA 1999). Therefore, we deny the petition.
BARFIELD, BENTON and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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In re Commitment OF James R. MAY. James R. May v. State, 975 So. 2d 579 (Fla. 2d DCA 2008)…belated review of his commitment via a petition for writ of habe-as corpus. Generally, an appellate court is not authorized to grant a belated appeal in a civil proceeding as the filing of the notice of appeal is jurisdictional. See Ward v. State, 859 So. 2d 523 (Fla. 1st DCA 2003). In V.H. v. Dep’t of Children & Family [*581] Servs. (In re B.H.), 893 So. 2d 639, 640 (Fla. 2d DCA 2005), a termination of parental rights appeal, we observed that “[i]n a civil proceeding, this court cannot grant a belated appe…
Authorities Cited
- Hollingsworth v. Szczecina, 731 So. 2d 790 (Fla. 1st DCA 1999)
- State v. Mitchell, 848 So. 2d 1209 (Fla. 1st DCA 2003)
- Burch v. Singletary, 724 So. 2d 1263 (Fla. 1st DCA 1999)