Fain v. State

District Court of Appeal of Florida

Fain v. State

886 So. 2d 244, 2004 Fla. App. LEXIS 14952, 2004 WL 2270869

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 2004

DocketNo. 1D04-3488

StatusPublished

This text of 886 So. 2d 244 (Fain v. State) 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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Fain v. State, 886 So. 2d 244, 2004 Fla. App. LEXIS 14952, 2004 WL 2270869 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Having considered the appellant’s response to this Court’s August 16, 2004 order, and finding that the notice of appeal was not timely filed, the appeal is hereby dismissed as untimely. This dismissal is without prejudice to the appellant’s right to seek relief in the trial court pursuant to Florida Rule of Civil Procedure 1.540. See Day v. Moore, 785 So.2d 699 (Fla. 1st DCA 2001). Cf. Brigham v. State, 769 So.2d 1100, 1101 (Fla. 1st DCA 2000).

ALLEN, VAN NORTWICK and BROWNING, JJ., concur.

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PER CURIAM.

Having considered the appellant’s response to this Court’s August 16, 2004 order, and finding that the notice of appeal was not timely filed, the appeal is hereby dismissed as untimely. This dismissal is without prejudice to the appellant’s right to seek relief in the trial court pursuant to Florida Rule of Civil Procedure 1.540. See Day v. Moore, 785 So.2d 699 (Fla. 1st DCA 2001). Cf. Brigham v. State, 769 So.2d 1100, 1101 (Fla. 1st DCA 2000).

ALLEN, VAN NORTWICK and BROWNING, JJ., concur.

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886 So. 2d 244, 2004 Fla. App. LEXIS 14952, 2004 WL 2270869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fain-v-state-fladistctapp-2004.

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