Freeman v. Petrosky

District Court of Appeal of Florida

Freeman v. Petrosky

798 So. 2d 816, 2001 Fla. App. LEXIS 15128, 2001 WL 1299050

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 2001

DocketNo. 1D01-3416

StatusPublished

This text of 798 So. 2d 816 (Freeman v. Petrosky) 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.

Bluebook

Freeman v. Petrosky, 798 So. 2d 816, 2001 Fla. App. LEXIS 15128, 2001 WL 1299050 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

This petition for writ of habeas corpus seeks belated appeal of an order of the circuit court which denied a petition for writ of mandamus. Because the proceeding below was not a criminal case, Florida Rule of Appellate Procedure 9.141(c) does not apply. However, we acknowledge petitioner’s claim that he did not receive a copy of the circuit court’s order until after the time for initiating an appeal had expired. Accordingly, the petition for writ of habeas corpus is denied without prejudice to petitioner’s right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

PETITION DENIED.

MINER, WOLF and BENTON, JJ., concur.

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PER CURIAM.

This petition for writ of habeas corpus seeks belated appeal of an order of the circuit court which denied a petition for writ of mandamus. Because the proceeding below was not a criminal case, Florida Rule of Appellate Procedure 9.141(c) does not apply. However, we acknowledge petitioner’s claim that he did not receive a copy of the circuit court’s order until after the time for initiating an appeal had expired. Accordingly, the petition for writ of habeas corpus is denied without prejudice to petitioner’s right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

PETITION DENIED.

MINER, WOLF and BENTON, JJ., concur.

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798 So. 2d 816, 2001 Fla. App. LEXIS 15128, 2001 WL 1299050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-petrosky-fladistctapp-2001.

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