Brown v. Inch

Full title: Vincent Brown, Petitioner, v. Mark S. Inch, Secretary, Florida Department…

Court: Florida Court of Appeals, First District

Date published: Oct 20, 2021

No. 1D21-2931 (Fla. Dist. Ct. App. Oct. 20, 2021)

Opinion

1D21-2931

10-20-2021

Vincent Brown, Petitioner, v. Mark S. Inch, Secretary, Florida Department of Corrections, Respondent.

Vincent Brown, pro se, Petitioner. Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Respondent.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Belated Appeal-Original Jurisdiction.

Vincent Brown, pro se, Petitioner.

Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Respondent.

PER CURIAM

Because this petition seeks belated appeal of a lower tribunal order in a civil matter, the Court denies the petition. See Powell v. Fla. Dep't of Corrections, 727 So.2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings below were civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141(c) are not applicable). This disposition is without prejudice to Petitioner's right, if any he has, to seek relief in the lower tribunal by a motion pursuant to Florida Rule of Civil Procedure 1.540. See Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983).

MAKAR, JAY, and LONG, JJ., concur.