Carliss M. Johnson v. State

192 So. 3d 1285, 2016 WL 3459499, 2016 Fla. App. LEXIS 9686

Opinion

PER CURIAM.

Carliss M. Johnson appeals the trial court’s Order Denying Motion for Reconsideration regarding his involuntary civil commitment pursuant to the Jimmy Ryce Act. “Generally, an appellate court is not authorized to grant a belated appeal in a civil proceeding as the filing of the notice of appeal is jurisdictional.” In re Commitment of May, 975 So.2d 579, 580 (Fla. 2d DCA 2008). However, in a Jimmy Ryce case, an individual may seek belated appeal Jay filing a petition for writ of habeas corpus in the circuit court. Id. at 581-82. In the instant appeal, the trial court summarily denied Johnson’s petition without addressing the merits of his claim. Accordingly, we remand this case for the trial court to determine on the merits whether Johnson is entitled to a belated appeal from his civil commitment.

REVERSED and REMANDED.

SAWAYA, BERGER and WALLIS, JJ., concur.