JOHNNY WELCH
v.
DEPARTMENT OF CORRECTIONS
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A petition for belated appeal of a lower tribunal order in a civil matter is denied because the provisions of Florida Rule of Appellate Procedure 9.141(c) do not apply to civil proceedings.
[1] The provisions of Florida Rule of Appellate Procedure 9.141(c) governing belated appeals do not apply to civil proceedings and are limited to criminal matters.
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Join FLexlaw to unlock all legal intelligence“because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable”
From Powell v. Fla. Dep't of Corrections, cited as controlling authority for the disposition
Johnny Welch, proceeding pro se, filed a petition seeking belated appeal of an order from a lower tribunal in a civil matter involving the Department …
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Petition for Belated Appeal – Original Jurisdiction.
March 29, 2018 PER CURIAM.
Because this petition seeks belated appeal of a lower tribunal order in a civil matter, the petition for belated appeal is denied. See Powell v. Fla. Dep’t of Corrections, 727 So. 2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable). This disposition is without prejudice to Petitioner’s right, if any he has, to seek relief in the lower tribunal by a motion pursuant to Florida Rule of Civil Procedure 1.540. See Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983).
ROWE, RAY, and MAKAR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Johnny Welch, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Kristen J. Lonergan, Assistant Attorney General, Tallahassee, for Respondent.
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Citator
Cited By
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Merrill v. State, 266 So. 3d 279 (Fla. 1st DCA 2019)
Authorities Cited
- Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)
- Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983)