Merrill v. State

266 So. 3d 279
CourtDistrict Court of Appeal of Florida
DecidedMarch 18, 2019
DocketNo. 1D18-3998
StatusPublished

This text of 266 So. 3d 279 (Merrill 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.

Bluebook
Merrill v. State, 266 So. 3d 279 (Fla. Ct. App. 2019).

Opinion

Per Curiam.

Because this amended petition seeks belated appeal of a lower tribunal order in a civil matter, the amended petition is denied. See Powell v. Fla. Dep't of Corrections , 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). Petitioner may seek relief in the lower tribunal by a motion pursuant to Florida Rule of Civil Procedure 1.540. See Welch v. Department of Corrections , 238 So.3d 1281 (Fla. 1st DCA 2018).

Bilbrey, Winokur, and Jay, JJ., concur.

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Related

Powell v. Florida Dept. of Corrections
727 So. 2d 1103 (District Court of Appeal of Florida, 1999)
Welch v. Dep't of Corr.
238 So. 3d 1281 (District Court of Appeal of Florida, 2018)

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Bluebook (online)
266 So. 3d 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-v-state-fladistctapp-2019.