Parker v. McNeil

District Court of Appeal of Florida

Parker v. McNeil

9 So. 3d 761, 2009 Fla. App. LEXIS 7052, 2009 WL 1312907

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 2009

Docket1D09-0949

StatusPublished

Cited by5 cases

This text of 9 So. 3d 761 (Parker v. McNeil) 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

Parker v. McNeil, 9 So. 3d 761, 2009 Fla. App. LEXIS 7052, 2009 WL 1312907 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

Victor L. Parker seeks belated appeal from an order of the circuit court denying his petition for writ of mandamus. Because the proceedings below did not involve imposition of judgment and sentence or denial of a rule 3.800 or 3.850 motion, the remedy of belated appeal is unavailable and the petition must be denied. See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999). Petitioner’s remedy, if any, lies with the circuit court. See Milord v. Fla. Parole Comm’n, 4 So.3d 762 (Fla. 1st DCA 2009)(Browning, J., con- ' curring).

DENIED.

HAWKES, C.J., PADOVANO and ROBERTS, JJ., concur.

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PER CURIAM.

Victor L. Parker seeks belated appeal from an order of the circuit court denying his petition for writ of mandamus. Because the proceedings below did not involve imposition of judgment and sentence or denial of a rule 3.800 or 3.850 motion, the remedy of belated appeal is unavailable and the petition must be denied. See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999). Petitioner’s remedy, if any, lies with the circuit court. See Milord v. Fla. Parole Comm’n, 4 So.3d 762 (Fla. 1st DCA 2009)(Browning, J., con- ' curring).

DENIED.

HAWKES, C.J., PADOVANO and ROBERTS, JJ., concur.

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Bluebook (online)

9 So. 3d 761, 2009 Fla. App. LEXIS 7052, 2009 WL 1312907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-mcneil-fladistctapp-2009.

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