JOSEPH W. ATKINS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-12-31
No. 18-3286
John Hill
Florida District Court of Appeal, First District (2018)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An appeal filed outside the applicable time period must be dismissed, with relief available through a motion for belated appeal rather than a direct appeal on the merits.


Headnotes

[1] When a party is unable to file a timely appeal because an order on a postconviction motion was not received until after the appeal deadline expired, relief must be sought…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Joseph W. Atkins, a pro se appellant, filed an appeal in a criminal case from Leon County Circuit Court. The appeal was untimely.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

December 31, 2018 PER CURIAM.

DISMISSED. See Daily v. Soloway, 125 So. 3d 363 (Fla. 1st DCA 2013) (dismissing untimely appeal where appellant argued prison officials prevented him from timely filing appeal); Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000) (explaining that motion for belated appeal is proper avenue for relief where order on postconviction motion was not received until after time to appeal had expired).

LEWIS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Joseph W. Atkins, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw