JOSHUA HUBA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-05-15
No. 2026-1203
Wallis, J., Harris, J., Kilbane, J.
2026 FL 5825 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 court's opinion serves as the notice of appeal from the underlying trial court order.


Headnotes

[1] When a petition for belated appeal is granted, the appellate court's opinion may be filed with the trial court and treated as the notice of appeal from the underlying ord…

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Facts & Procedural History

Joshua Huba sought a belated appeal from a December 31, 2025 order dismissing his motion for postconviction relief in a criminal case in Volusia Count…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

JOSHUA HUBA, Petitioner,

V.

STATE OF FLORIDA, Respondent.

Case No. 5D2026-1203 LT Case No. 2020-301242-CFDB

Petition for Belated Appeal. A Case of Original Jurisdiction.

Joshua Huba, Moore Haven, pro se.

James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent.

May 15, 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 December 31, 2025 order dismissing Defendant's motion for postconviction relief rendered in Case No. 2020-301242-CFDB, in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

WALLIS, HARRIS, and KILBANE, JJ., concur.


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