Filed: Mar. 18, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3998 _ MARK A. MERRILL, Petitioner, v. STATE OF FLORIDA; MARK S. INCH, Florida Department of Corrections, Respondents. _ Petition for Belated Appeal—Original Jurisdiction. March 18, 2019 PER CURIAM. Because this amended petition seeks belated appeal of a lower tribunal order in a civil matter, the amended petition is denied. See Powell v. Fla. Dep’t of Corrections, 727 So. 2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3998 _ MARK A. MERRILL, Petitioner, v. STATE OF FLORIDA; MARK S. INCH, Florida Department of Corrections, Respondents. _ Petition for Belated Appeal—Original Jurisdiction. March 18, 2019 PER CURIAM. Because this amended petition seeks belated appeal of a lower tribunal order in a civil matter, the amended petition is denied. See Powell v. Fla. Dep’t of Corrections, 727 So. 2d 1103 (Fla. 1st DCA 1999) (stating that because the proceedings ..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-3998
_____________________________
MARK A. MERRILL,
Petitioner,
v.
STATE OF FLORIDA; MARK S.
INCH, Florida Department of
Corrections,
Respondents.
_____________________________
Petition for Belated Appeal—Original Jurisdiction.
March 18, 2019
PER CURIAM.
Because this amended petition seeks belated appeal of a
lower tribunal order in a civil matter, the amended petition is
denied. 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). Petitioner may seek relief
in the lower tribunal by a motion pursuant to Florida Rule of
Civil Procedure 1.540. See Welch v. Department of Corrections,
238 So. 3d 1281 (Fla. 1st DCA 2018).
BILBREY, WINOKUR, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Mark A. Merrill, pro se, Petitioner.
Ashley B. Moody, Attorney General, and Daniel Krumbholz,
Assistant Attorney General, Tallahassee, for Respondents.
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