Opinion

Brown v. Florida Parole Commission

  • 763 So. 2d 1262
  • 2000 Fla. App. LEXIS 8444
  • 2000 WL 889779
Court
District Court of Appeal of Florida
Filed
Jul 6, 2000
Status
Published
On the bench
Per Curiam
Cited by
8 cases
Authority
More cited than 90.7%

The opinion

763 So.2d 1262 (2000)

Kevin V. BROWN, Appellant,

v.

FLORIDA PAROLE COMMISSION, et al., Appellees.

No. 1D00-771.

District Court of Appeal of Florida, First District.

July 6, 2000.

Kevin V. Brown, appellant, pro se.

No appearance for appellees.

PER CURIAM.

Appellant's notice of appeal, whereby he sought review of an order of the circuit court denying his petition for writ of habeas corpus, was not timely filed. For this reason, we dismiss the appeal for lack of jurisdiction. However, we acknowledge appellant's claim that he did not receive a copy of the circuit court's order until after the time for initiating an appeal had expired. Accordingly, this disposition is without prejudice to appellant's right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See, Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

DISMISSED.

BARFIELD, C.J., KAHN and DAVIS, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.