Opinion
No. 2D12–4859.
2012-11-1
T.R., Appellant/Petitioner(s), v. STATE, DEPT. OF CHILDREN & FAMILY SERVICES, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This appeal is dismissed as untimely filed. A notice of appeal challenging a dependency order must be filed within 30 days of rendition of the order. SeeFla. R.App. P. 9.146(a), 9.110(b); see alsoFla. R.App. P. 9.020(h) (defining rendition in terms of the filing of an order with the clerk), 9.420(e) (allowing 5 extra days for mailing only when a deadline is counted from service of a document, not the filing of a document). This dismissal is without prejudice to appellant's right to file a petition for writ of habeas corpus in the trial court to seek a belated appeal. See R.Z. v. Department of Children and Families, 969 So.2d 1225 (Fla. 1st DCA 2007). Alternatively, this court will entertain a motion to reinstate the appeal if the appellant can demonstrate that the order challenged was rendered on or after August 14, 2012.