MICHAEL ANTHONY FOSTER, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-05-01
No. 2026-0858
Lambert, J., Edwards, J., Kilbane, J.
2026 FL 5115 Florida District Court of Appeal, Fifth District (2026)

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Holding

A petition for belated appeal is granted when timely filed, and the appellate opinion serves as notice of appeal from the underlying trial court order.


Headnotes

[1] A petition for belated appeal may be granted under Florida Rule of Appellate Procedure 9.141(c)(6)(D), with the appellate court's opinion serving as notice of appeal from…

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Facts & Procedural History

Michael Anthony Foster, Jr. sought a belated appeal from a February 28, 2025 order by the Circuit Court in Duval County denying his motion for postcon…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2026-0858 LT Case No. 2023-CF-003421-A

MICHAEL ANTHONY FOSTER, JR.,

Petitioner,

V.

STATE OF FLORIDA,

Respondent.

Petition for Belated Appeal. A Case of Original Jurisdiction.

Ryan Edward McFarland, of Kent & McFarland, Jacksonville, for Petitioner.

James Uthmeier, Attorney General, Tallahassee, and Brian Hofer, Assistant Attorney General, Tallahassee, for Respondent.

May 1, 2026

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the February 28, 2025 order denying Defendant's motion for postconviction relief rendered in Case No. 2023-CF-003421-A, in the Circuit Court in and for Duval County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

LAMBERT, EDWARDS, and KILBANE, JJ., concur.


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