AVA ELECTRIS CANNIE, EVA ELECTRIS CANNIE, AND EVA HELENE CANNIE
v.
WILMINGTON SAVINGS FUND SOCIETY FSB ETC.
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The First District Court of Appeal denied a petition for belated appeal in a civil foreclosure matter, holding that the rules governing belated appeals in criminal cases do not apply to civil proceedings.
A petition for belated appeal in a civil case is not governed by Florida Rule of Appellate Procedure 9.140(j) (now 9.141(c)), which applies only to criminal proceedings.
[1] Florida Rule of Appellate Procedure 9.140(j), permitting belated appeals, applies only to criminal proceedings and does not extend to civil cases.
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Join FLexlaw to unlock all legal intelligenceAva Electris Cannie, Eva Electris Cannie, and Eva Helene Cannie sought a belated appeal in a civil matter involving Wilmington Savings Fund Society FS…
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PER CURIAM.
The petition seeking belated appeal is denied. See Powell v. Fla. Dep’t of Corr., 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 9.140(j), now rule 9.141(c), are not applicable). LEWIS, WETHERELL, and MAKAR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Ava Electris Cannie, Eva Electris Cannie, and Eva Helene Cannie, pro se, Petitioners. David Rosenberg of Robertson, Anschutz & Schneid, P.L., Boca Raton, for Respondent.
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Citator
Authorities Cited
- Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)