¶1The petition for belated appeal is dismissed without prejudice to petitioner securing the rendition of an appealable, written order, via petition for writ of mandamus if necessary, and filing a timely notice of appeal directed to that order. See, e.g., State v. Sullivan, 640 So.2d 77, 78 (Fla. 2d DCA 1994) (“[i]f a trial court fails or refuses to enter a written order that is needed for an appeal, counsel has the remedy of filing a motion or a petition for writ of mandamus with this court to compel the trial court to enter such an order” (citing State v. Bolick, 512 So.2d 960 n. 1 (Fla. 2d DCA 1987))).
133 So. 3d 608
Samuel v. State
District Court of Appeal of Florida
Decided March 4, 2014
District Court of Appeal of Florida · decided 2014-03-04
Relies on 640 So. 2d 77 - State v. Sullivan · 512 So. 2d 960 - State v. Bolick
Decided 2014-03-04