# Florida Parole & Probation Commission v. Brown

> District Court of Appeal of Florida · December 18, 1986 · 12 Fla. L. Weekly 128

URL: https://www.frixlaw.com/law-library/cases/7554243

## Case

- **Full name:** FLORIDA PAROLE AND PROBATION COMMISSION v. Barney Evan BROWN
- **Court:** District Court of Appeal of Florida
- **Decided:** December 18, 1986
- **Citations:** 12 Fla. L. Weekly 128; 499 So. 2d 36; 1986 Fla. App. LEXIS 11019
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Barfield, Ervin, Nimmons
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7554243

## Opinion text

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 The appealed order finds that appellee’s due process rights were violated when his parole was revoked and permits the Commission to complete the revocation proceeding provided appellee is represented by an attorney throughout the proceedings.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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7554243. Public record. Not legal advice.