CUNNINGHAM
v.
DIXON
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A belated appeal cannot be granted in civil proceedings because Florida appellate rules do not provide authority for such relief in civil cases.
[1] Florida Rule of Appellate Procedure 9.141, which governs belated appeals in collateral or postconviction criminal cases, does not apply to civil proceedings.
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Join FLexlaw to unlock all legal intelligence“The proceedings in the trial court were civil in nature, so there is no authority to grant a belated appeal.”
Court's explanation for denying the petition
Cunningham filed a petition for belated appeal from civil proceedings in the trial court against the Florida Department of Corrections Secretary.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
COREY CUNNINGHAM, Petitioner,
v.
RICKY D. DIXON, Secretary, Florida Department of Corrections, Respondent.
No. 1D2025-3208
Petition for Belated Appeal—Original Jurisdiction.
April 29, 2026
PER CURIAM.
DENIED. The proceedings in the trial court were civil in nature, so there is no authority to grant a belated appeal. See Hollingsworth v. Szczecina, 731 So. 2d 790, 791 (Fla. 1st DCA 1999); cf. Fla. R. App. P. 9.141 (“Review Proceedings in Collateral or Postconviction Criminal Cases"); Powell v. Fla. Dep't of Corrections, 727 So. 2d 1103 (Fla. 1st DCA 1999) (stating that the predecessor provisions of Florida Rule of Appellate Procedure 9.141(c) were not applicable to civil proceedings).
ROBERTS, RAY, and TREADWELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)
- Hollingsworth v. Szczecina, 731 So. 2d 790 (Fla. 1st DCA 1999)