MORRIS FAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2004-10-11
No. 1D04-3488
ALLEN, VAN NORTWICK and BROWNING, JJ., concur.
886 So. 2d 244 Florida District Court of Appeal, First District (2004) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered the appellant’s response to this Court’s August 16, 2004 order, and finding that the 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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  • L.J. v. Dep't of Child. & Families, 220 So. 3d 557 (Fla. 5th DCA 2017)
    …such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support.” L.F. v. Dep’t of Child. & Fams., 888 So. 2d 147, 148 (Fla. 5th DCA 2004) (citing C.C. v. Dep’t of Child. & Fams., 886 So. 2d 244 (Fla. 5th DCA 2004)). “The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.” N.L, v. Dep’t o…
  • L.F. v. Dep't of Child. & Families, 888 So. 2d 147 (Fla. 5th DCA 2004)
    …r and convincing evidence supporting a termination of parental rights, such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support. C.C. v. Department of Children and Families, 886 So. 2d 244 (Fla. 5th DCA Oct.15, 2004). In the instant case, the children were adjudicated dependent in 2000 and were returned to the mother in 2001, after she completed her case plan. In 2002, the children were again adjudicated dependent because of deplorab…
  • …such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support.” L.F. v. Dep’t of Child. & Fams., 888 So. 2d 147, 148 (Fla. 5th DCA 2004) (citing C.C. v. Dep’t of Child. & Fams., 886 So. 2d 244 (Fla. 5th DCA 2004)). Section 39.806(1)(d)3. states that termination of parental rights may be established when a parent of a child is incarcerated and: The court determines by clear and convincing evidence that continuing the parental relationship…

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