JIMMIE M. CARTWRIGHT, 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 March 27, 2003. 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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Just. Admin. Comm'n v. Peterson, 989 So. 2d 663 (Fla. 2d DCA 2008)…o. 2d 716, 717 (Fla. 2d DCA 1982) (“We conclude that the trial court departed from the essential requirements of the law by misapplying the plain language of the constitutional and statutory sections it relied on.”); see also Orange County v. Lewis, 859 So. 2d 526, 529 (Fla. 5th DCA 2003) (holding on second-tier certiorari review that the circuit court incorrectly construed the applicable county code and thus departed from the essential requirements of the law by ignoring the plain language of the code); Madd…
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DMB Inv. Tr. & SKB Inv. Tr. v. Islamorada, 225 So. 3d 312 (Fla. 3d DCA 2017)…Admin. Comm’n v. Peterson, 989 So. 2d 663, 665 (Fla. 2d [*317] DCA 2008) (“When the circuit court does not apply the plain and unambiguous language of the relevant statute, it departs from the essential requirements^ of law.”); Orange Cty. v. Lewis, 859 So. 2d 526, 529 (Fla. 5th DCA 2003) (granting petition for certiorari where circuit court ignored plain language of Orange County Code). Here, the Petitioners argue that the circuit court failed to properly apply the rules of statutory construction in its rev…
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GEICO Gen. Ins. Co. v. Florida Emergency Physicians, 972 So. 2d 966 (Fla. 5th DCA 2007)…o be prudent and deliberate when deciding to exercise this extraordinary power, but not so wary as to deprive litigants and the public of essential justice.” Ivey v. Allstate Ins. Co., 774 So. 2d 679, 682 (Fla.2000). See also Orange County v. Lewis, 859 So. 2d 526, 528 n. 2 (Fla. 5th DCA 2003). The circuit court’s decision is fundamentally flawed because the ruling is premised on the conclusion that GEICO was required, but failed, to provide a “PIP log” to FEP so that FEP could “determine its status as a cla…
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- 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)