708 SO2D 1041 - Brown v. State

How this case has been cited

Cited by 41 later decisions — most recently September 2016 · most notably Powell v. Florida Dept. of Corrections (1999), Brigham v. State (2000)

40 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Tommy Brown, pro se, appellant.

¶2Robert A. Butterworth, Attorney General, and Mark Menser, Assistant Attorney General, Tallahassee, for appellee.

¶3PER CURIAM.

¶4Appellant's notice of appeal, whereby he sought review of an order of the circuit court denying his petition for writ of habeas corpus, was not timely filed. For this reason, we dismiss the appeal for lack of jurisdiction. However, we acknowledge appellant's claim that he did not receive a copy of the circuit court's order until after the time for initiating an appeal had expired, and note that this claim appears from the matters before us to have some basis in fact. Accordingly, this disposition is without prejudice to appellant's right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review *1042 may be preserved. See Snelson v. Snelson,440 So.2d 477 (Fla. 5th DCA 1983).

¶5APPEAL DISMISSED.

¶6MINER, KAHN and DAVIS, JJ., concur.