WATKINS
v.
DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2026-08-05
No. 2026-0935
Kelsey, J., M.K. Thomas, J., Nordby, J.
2026 FL 9950 Florida District Court of Appeal, First District (2026)

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Holding

A court lacks jurisdiction to grant a belated appeal in a civil proceeding.


Headnotes

[1] A petition for belated appeal is available only in criminal collateral or postconviction review proceedings and not in civil matters.

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Facts & Procedural History

Watkins sought a belated appeal of a circuit court order in a civil matter against the Florida Department of Corrections.…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

MALCOLM WATKINS, Petitioner,

v.

FLORIDA DEPARTMENT OF

CORRECTIONS, Respondent.

No. 1D2026-0935

Petition for Belated Appeal—Original Proceedings.

August 5, 2026

PER CURIAM.

Because Petitioner seeks a belated appeal of a circuit court order entered in a civil matter, the Court dismisses the petition for lack of jurisdiction. See Fla. R. App. P. 9.141 (authorizing a petition for belated appeal only for “review proceedings in collateral or postconviction criminal cases"); Perez v. Jones, 174 So. 3d 1088 (Fla. 1st DCA 2015) (explaining that this Court lacks the authority to grant a belated appeal in a civil proceeding).

KELSEY, M.K. THOMAS, and NORDBY, JJ., concur.


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