Florida District Courts of Appeal, 2016

Fain v. Florida Commission on Offender Review

Fain v. Florida Commission on Offender Review
Florida District Courts of Appeal · Decided March 31, 2016 · Bilbrey, Jay, Ray
187 So. 3d 958; 2016 Fla. App. LEXIS 4996; 2016 WL 1252412 (Southern Reporter, Third Series)

Fain v. Florida Commission on Offender Review

Opinion of the Court

PER CURIAM.

Morris Fain seeks a belated appeal of an order dismissing his petition for writ of mandamus. We have no authority to grant a belated appeal in a civil proceeding. See Powell v. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999). Accordingly, the petition is DENIED. This disposition is without prejudice, however, to petitioner seeking relief in the lower tribunal. See generally, Milord v. Fla. Parole Comm’n, 4 So.3d 762 (Fla. 1st DCA 2009) (Browning, J., concurring).

RAY, BILBREY, and JAY, JJ., concur.

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