MICHAEL GREEN, PETITIONER,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT

Fla. 1st DCA | 2013-10-02
No. 1D13-3529
WETHERELL and RAY, JJ., concur., THOMAS, J., concurs in result only.
122 So. 3d 932 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This court has no authority to grant a belated appeal in a civil proceeding. See Powell v. Department of Corrections, 727 So.2d 1103 (Fla. 1st DCA 1999). Accordingly, the petition seeking belated appeal is denied. This disposition is without prejudice, however, to petitioner seeking relief in the lower tribunal. See generally Milord v. Florida Parole Commission, 4 So.3d 762 (Fla. 1st DCA 2009) (Browning, J., concurring).

WETHERELL and RAY, JJ., concur.

THOMAS, J., concurs in result only.


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  • Sharpe v. Stanley, 136 So. 3d 788 (Fla. 1st DCA 2014)
    …PER CURIAM. Petitioner seeks a belated appeal, asserting that she was not provided a copy of the trial court’s final order of dissolution of marriage. As we held in Green v. Department of Corrections, 122 So. 3d 932 (Fla. 1st DCA 2013), this court has no authority to grant a belated appeal in a civil proceeding. In a civil case, where a party is “not furnished a copy of the order and thus did not have timely notice of its entry, [that circumstance] does not ext…
  • Johnson v. Inch, 264 So. 3d 1192 (Fla. 1st DCA 2019)

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