Opinion

Perez v. Jones

  • 174 So. 3d 1088
  • 2015 Fla. App. LEXIS 13823
  • 2015 WL 5438523
Court
District Court of Appeal of Florida
Filed
Sep 16, 2015
Status
Published
On the bench
Bilbrey, Winokur, Wolf
Cited by
5 cases
Authority
More cited than 86.8%

holding that an appeal from the denial of a petition for writ of mandamus is civil in nature and therefore not subject to a petition for belated appeal brought under rule 9.141(c), Florida Rules of Appellate Procedure

How later courts described this case

  • holding that an appeal from the denial of a petition for writ of mandamus is civil in nature and therefore not subject to a petition for belated appeal brought under rule 9.141(c), Florida Rules of Appellate Procedure
  • explaining that this Court does not have the authority to grant belated appeal in a civil proceeding
  • explaining that this Court lacks the authority to grant a belated appeal in a civil proceeding

Written by the judges who cited it.

The opinion

PER CURIAM.

Wilson Perez seeks a belated appeal or belated certiorari review of an order denying his petition for writ of mandamus, but we have no authority to grant a belated appeal in a civil proceeding, see Powell v. Florida Department of Corrections, 727 So.2d 1103 (Fla. 1st DCA 1999), nor do we have the authority to grant belated certio-rari review. See Russell v. State, 114 So.3d 483 (Fla. 2d DCA 2013). Accordingly, the petition is DENIED. This disposition is without prejudice, however, to petitioner seeking relief in the lower tribunal. See generally, Milord v. Florida Parole Commission, 4 So.3d 762 (Fla. 1st DCA 2009) (Browning, J., concurring).

WOLF, BILBREY, and WINOKUR, 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.

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