Florida District Courts of Appeal, 2013

Green v. Department of Corrections

Green v. Department of Corrections
Florida District Courts of Appeal · Decided October 2, 2013 · Only, Ray, Thomas, Wetherell
122 So. 3d 932; 2013 WL 5476547; 2013 Fla. App. LEXIS 15552 (Southern Reporter, Third Series)

Green v. Department of Corrections

Opinion of the Court

PER CURIAM.

This court has no authority to grant a belated appeal in a civil proceeding. See Powell v. Department of Corrections, 727 So.2d 1103 (Fla. 1st DCA 1999). Accordingly, the petition seeking belated appeal is denied. This disposition is without prejudice, however, to petitioner seeking relief in the lower tribunal. See generally Milord v. Florida Parole Commission, 4 So.3d 762 (Fla. 1st DCA 2009) (Browning, J., concurring).

WETHERELL and RAY, JJ., concur. THOMAS, J., concurs in result only.

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