Opinion

Florida Parole & Probation Commission v. Brown

  • 12 Fla. L. Weekly 128
  • 499 So. 2d 36
  • 1986 Fla. App. LEXIS 11019
Court
District Court of Appeal of Florida
Filed
Dec 18, 1986
Status
Published
On the bench
Barfield, Ervin, Nimmons
Cited by
1 cases
Authority
More cited than 71.0%

The opinion

ON MOTION TO DISMISS

PER CURIAM.

This is an appeal by the Parole Commission from an order entered on appellee’s petition for writ of habeas corpus. The appealed order finds that appellee’s due process rights were violated when his parole was revoked and permits the Commission to complete the revocation proceeding provided appellee is represented by an attorney throughout the proceedings.

The appealed order was entered on January 21,1986, and the commission moved for rehearing ten days later. The motion was denied on March 6, 1986, and the notice of appeal was filed on April 4,1986. Appellee moves to dismiss this appeal on the basis of his contention that the appeal is brought pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(F), and therefore, under Rule 9.140(c)(2), the notice was required to be filed within 15 days of rendition of the order. We disagree.

Rule 9.140(e)(1)(F) authorizes appeals by the state from orders “discharging a prisoner on habeas corpus”. Although the appealed order was entered on a petition for writ of habeas corpus, it did not discharge the prisoner. Therefore, Rule 9.140 does not apply. Generally, ha-beas corpus proceedings are civil in nature. State v. Buchanan, 191 So.2d 33 (Fla.1966). As such, the motion for rehearing tolled rendition of the final order and appellant had 30 days after disposition of the motion for rehearing to file its notice of appeal. Fla.R.Civ.P. 1.530; Fla.R.App.P. 9.020(g); Fla.R.App.P. 9.110(b). Accordingly, the motion to dismiss is denied.

ERVIN, NIMMONS and BARFIELD, 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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