Myles v. Department of H R Serv

Full title: GEORGE MYLES, APPELLANT, v. DEPARTMENT OF HEALTH AND REHABILITATIVE…

Court: District Court of Appeal of Florida, Third District

Date published: Mar 29, 1994

633 So. 2d 1200 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2457.

March 29, 1994.

Appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Dade County; Ralph N. Person, Judge.

George Myles, in pro per.

Robin H. Greene, Miami, for appellee.

Before NESBITT, COPE and GODERICH, JJ.

PER CURIAM.

George Myles appeals an order denying relief from judgment under Florida Rule of Juvenile Procedure 8.270(b). See Myles v. Department of Health Rehabilitative Services, 590 So.2d 1053, 1054 (Fla.3d DCA 1991). The trial court was correct in its conclusion that the motion was untimely. See Seven-Up Bottling Co. of Miami, Inc. v. George Constr. Corp., 153 So.2d 11, 12 (Fla. 3d DCA 1963) (construing similarly worded provision of Florida Rule of Civil Procedure 1.38 [now Rule 1.540]); Legler v. Kwitney, Kroop Scheinberg, P.A., 520 So.2d 95 (Fla. 4th DCA 1988) (construing similarly worded provision of Florida Rule of Civil Procedure 1.540); see also Glatstein v. City of Miami, 391 So.2d 297, 298 (Fla. 3d DCA 1980) (same); Redwing Carriers, Inc. v. Watson, 341 So.2d 1049, 1051 n. 1 (Fla. 4th DCA 1977) (same). Assuming arguendo that the motion was timely filed, we see no reversible error in the trial court's alternative ruling denying relief on the merits.

Affirmed.