MERRILL v. STATE (2019)

District Court of Appeal of Florida, First District.

Mark A. MERRILL, Petitioner, v. STATE of Florida; Mark S. Inch, Florida Department of Corrections, Respondents.

No. 1D18-3998

Decided: March 18, 2019

Mark A. Merrill, pro se, Petitioner. Ashley B. Moody, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Respondents.

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).

Per Curiam.

Bilbrey, Winokur, and Jay, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network