STEVEN B. GUIDRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEVEN B. GUIDRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
972 So. 2d 1043
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Because the notice of appeal was not timely filed, we are constrained to dismiss this appeal for lack of jurisdiction. Although the trial court entered an order purporting to grant appellant leave to pursue a belated appeal,, jurisdiction to entertain a request for belated appeal lies with the appropriate appellate court, rather than the trial court. See Bailey v. State, 845 So. 2d 259 (Fla. 2d DCA 2003); Fla. R.App. P. 9.141(c)(2). Our dismissal of this appeal is without prejudice to appellant’s right to seek a belated appeal by filing a proper petition with this court in accordance with Florida Rule of Appellate Procedure 9.141(c).
APPEAL DISMISSED.
ALLEN, VAN NORTWICK, and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McGRIFF v. State, 32 So. 3d 730 (Fla. 4th DCA 2010)…PER CURIAM. Affirmed. Our affirmance is without prejudice to appellant’s right to seek a belated appeal by filing a proper petition ■with this court in accordance with Florida Rule of Appellate Procedure 9.141(c). See Guidry v. State, 972 So. 2d 1043 (Fla. 1st DCA 2008). GROSS, C.J., TAYLOR and CIKLIN, JJ., concur.…
Authorities Cited
- Bailey v. State, 845 So. 2d 259 (Fla. 2d DCA 2003)