Florida District Courts of Appeal, 2001

Huber v. Moore

Huber v. Moore
Florida District Courts of Appeal · Decided December 7, 2001 · Allen, Lewis, Padovano
801 So. 2d 236; 2001 Fla. App. LEXIS 17207; 2001 WL 1558052 (Southern Reporter, Second Series)

Huber v. Moore

Opinion of the Court

PER CURIAM.

Ronald Huber seeks a belated appeal from an order of the circuit court which denied his petition for writ of mandamus. He complains that he did not receive his copy of the order until after the time had expired for filing a notice of appeal.

Because the proceedings below were civil in nature, Huber’s remedy is to move the trial court for relief from judgment. Powell v. Florida Department of Corrections, 727 So.2d 1103 (Fla. 1st DCA 1999). We therefore deny the petition for belated appeal, but our disposition is without prejudice to Huber’s right to file a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b).

DENIED.

ALLEN, C.J., PADOVANO and LEWIS, JJ., concur.

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