Silva v. Crosby

District Court of Appeal of Florida

Silva v. Crosby

895 So. 2d 520, 2005 Fla. App. LEXIS 2376, 2005 WL 440442

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2005

DocketNo. 1D04-2840

StatusPublished

This text of 895 So. 2d 520 (Silva v. Crosby) 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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Silva v. Crosby, 895 So. 2d 520, 2005 Fla. App. LEXIS 2376, 2005 WL 440442 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Because the notice of appeal was not timely filed, we are constrained to dismiss this appeal for lack of jurisdiction. However, in light of appellant’s allegation that he was not timely provided a copy of the circuit court’s order denying his petition below, this disposition is without prejudice to appellant’s right to seek relief in the circuit court by motion pursuant to Florida Rule of Civil Procedure 1.540(b). See Brown v. Fla. Parole Comm’n, 763 So.2d 1262 (Fla. 1st DCA 2000).

ERVIN, KAHN and BENTON, JJ., concur.

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PER CURIAM.

Because the notice of appeal was not timely filed, we are constrained to dismiss this appeal for lack of jurisdiction. However, in light of appellant’s allegation that he was not timely provided a copy of the circuit court’s order denying his petition below, this disposition is without prejudice to appellant’s right to seek relief in the circuit court by motion pursuant to Florida Rule of Civil Procedure 1.540(b). See Brown v. Fla. Parole Comm’n, 763 So.2d 1262 (Fla. 1st DCA 2000).

ERVIN, KAHN and BENTON, JJ., concur.

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895 So. 2d 520, 2005 Fla. App. LEXIS 2376, 2005 WL 440442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-crosby-fladistctapp-2005.

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