¶1The circuit court civilly committed petitioner as a sexually violent predator by order entered on July 23, 2002. Petitioner now seeks a belated appeal of the circuit court’s order pursuant to Florida Rule of Appellate Procedure 9.141(c). Because proceedings under the Jimmy Ryce Act are civil in nature, see State v. Mitchell, 848 So.2d 1209 (Fla. 1st DCA 2003), rule 9.141(c) is inapplicable, and this court lacks the authority to grant a belated appeal. See Hollingsworth v. Szczecina, 731 So.2d 790 (Fla. 1st DCA 1999)(holding that the court was without authority to grant a belated appeal in a civil matter, but noting that petitioner could seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540); Jordan v. Singletary, 724 So.2d 1263 (Fla. 1st DCA 1999). Therefore, we deny the petition.
859 So. 2d 523
Ward v. State
District Court of Appeal of Florida
Decided September 30, 2003
District Court of Appeal of Florida · decided 2003-09-30
Cited by 1 later decisions — most recently February 2008
1 state decisions
Key passage — most relied on by later courts
“[i]n a civil proceeding, this court cannot grant a belated appeal, and generally the litigant must file a motion in the trial court pursuant to [Florida Rule of Civil Procedure] 1.540 to obtain relief.”
quoted by 1 later decision, including 975 So. 2d 579 - In Re Commitment of May
Relies on Hollingsworth v. Szczecina · State v. Mitchell · Jordan v. Singletary
Good law ✅— No negative treatment on recordhow we know
Decided 2003-09-30
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