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.