McCutcheon v. Florida Parole Commission

District Court of Appeal of Florida

McCutcheon v. Florida Parole Commission

132 So. 3d 1205, 2014 WL 628340, 2014 Fla. App. LEXIS 2176

CourtDistrict Court of Appeal of Florida

DecidedFebruary 18, 2014

DocketNo. 1D13-6182

StatusPublished

This text of 132 So. 3d 1205 (McCutcheon v. Florida Parole Commission) 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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McCutcheon v. Florida Parole Commission, 132 So. 3d 1205, 2014 WL 628340, 2014 Fla. App. LEXIS 2176 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Because this petition seeks belated appeal of an order which dismissed a petition for writ of mandamus, the petition for belated appeal is denied. 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 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 dismissed a petition for writ of mandamus, the petition for belated appeal is denied. 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 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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132 So. 3d 1205, 2014 WL 628340, 2014 Fla. App. LEXIS 2176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccutcheon-v-florida-parole-commission-fladistctapp-2014.

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