Chestnut v. Florida Department of Corrections

District Court of Appeal of Florida

Chestnut v. Florida Department of Corrections

157 So. 3d 526, 2015 Fla. App. LEXIS 2029, 2015 WL 641159

CourtDistrict Court of Appeal of Florida

DecidedFebruary 16, 2015

DocketNo. 1D14-5721

StatusPublished

This text of 157 So. 3d 526 (Chestnut v. Florida Department of Corrections) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chestnut v. Florida Department of Corrections, 157 So. 3d 526, 2015 Fla. App. LEXIS 2029, 2015 WL 641159 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Because this petition seeks belated appeal of an order which denied a petition for writ of mandamus, the petition for belated appeal is dismissed for lack of jurisdiction. See Powell v. Florida Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable). This disposition is without prejudice to petitioner’s right to seek relief in the circuit court by filing a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b). See, Hollingsworth v. Szczecina, 731 So.2d 790 (Fla. 1st DCA 1999); Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

LEWIS, C.J., WOLF, and ROBERTS, JJ., concur.

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PER CURIAM.

Because this petition seeks belated appeal of an order which denied a petition for writ of mandamus, the petition for belated appeal is dismissed for lack of jurisdiction. See Powell v. Florida Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable). This disposition is without prejudice to petitioner’s right to seek relief in the circuit court by filing a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b). See, Hollingsworth v. Szczecina, 731 So.2d 790 (Fla. 1st DCA 1999); Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

LEWIS, C.J., WOLF, and ROBERTS, JJ., concur.

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157 So. 3d 526, 2015 Fla. App. LEXIS 2029, 2015 WL 641159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chestnut-v-florida-department-of-corrections-fladistctapp-2015.

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