Florida District Courts of Appeal, 2000

Banks v. Moore

Banks v. Moore
Florida District Courts of Appeal · Decided August 22, 2000 · Kahn, Nortwick, Webster
776 So. 2d 936; 2000 Fla. App. LEXIS 10697; 2000 WL 1180168 (Southern Reporter, Second Series)

Banks v. Moore

Opinion of the Court

PER CURIAM.

Robert E. Banks seeks belated appeal from an order of the Circuit Court for Duval County which denied his petition for all writs jurisdiction. We find that petitioner’s appropriate remedy is a motion for relief from judgment in accordance with Florida Rule of Civil Procedure 1.540(b). Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983); Funchess v. Moore, 766 So.2d 348 (Fla. 1st DCA 2000). We therefore deny the petition for belated appeal without prejudice to Banks’ right to seek relief *937from the trial court in accordance with Rule 1.540(b).

KAHN, WEBSTER and VAN NORTWICK, JJ., concur.

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