Opinion
No. 1D00-2693.
Opinion filed August 22, 2000.
Petition for Writ of Habeas Corpus — Original Jurisdiction.
Robert E. Banks, pro se, petitioner.
Robert A. Butterworth, Attorney General, Tallahassee, for respondents.
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, 25 Fla. Law Weekly D1613 (Fla. 1st DCA July 6, 2000). We therefore deny the petition for belated appeal without prejudice to Banks' right to seek relief from the trial court in accordance with Rule 1.540(b).
KAHN, WEBSTER and VAN NORTWICK, JJ., concur.