Gary Powell petitions this court for a belated appeal of orders denying his petition for writ of mandamus/habeas corpus. Because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.140(j) are not applicable. We therefore deny the petition, but do so without prejudice to Powell's right to seek relief in the trial court. See Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

ERVIN, BOOTH, and BENTON, JJ., concur.

Summaries of

Powell v. Fl. Dept. of Corrections

District Court of Appeal of Florida, First District

Mar 10, 1999

727 So. 2d 1103 (Fla. Dist. Ct. App. 1999)

holding that where the proceedings below are civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141 are not applicable

Summary of this case from Smith v. State

holding that where the proceedings below are civil in nature, the provisions of Florida Rule of Appellate procedure 9.141 are not applicable

Summary of this case from Blaxton v. Escambia Sheriff's Office

holding that a motion for belated appeal in a criminal proceeding, pursuant to Florida Rule of Appellate Procedure 9.140(j) (currently Rule 9.141(c)), was inapplicable to an appeal from an order denying a habeas petition, a civil proceeding, and thus denying the motion without prejudice to appellant's right to file a Motion for Relief from Judgment, pursuant to Rule 1.540(b).

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determining that appellate court could not grant petition seeking belated appeal of order entered in a civil matter

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denying a petition for belated appeal without prejudice to seek relief in the trial court stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141 are not applicable

Summary of this case from Garland v. Lord

denying a petition for belated appeal and stating that proceedings resulting in orders denying an inmate's petition for writ of mandamus/habeas corpus were civil in nature, and thus, appellate rule governing petitions seeking belated appeal in criminal cases did not apply

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stating that the predecessor provisions of Florida Rule of Appellate Procedure 9.141(c) were not applicable to civil proceedings

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stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

Summary of this case from Welch v. Dep't of Corr.

stating that because the mandamus proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

Summary of this case from Tidwell v. State

stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.140(j) (now rule 9.141(c)) are not applicable

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stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

Summary of this case from Chestnut v. Fla. Dep't of Corr.

stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

Summary of this case from McCutcheon v. Fla. Parole Comm'n

stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

Summary of this case from McCutcheon v. Fla. Parole Comm'n

stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

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stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable

Summary of this case from Woodson v. State

Powell v. Fl. Dept. of Corrections

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Powell v. Fl. Dept. of Corrections

Powell v. Fl. Dept. of Corrections

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Powell v. Fl. Dept. of Corrections

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Powell v. Fl. Dept. of Corrections

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