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Leon BRIGHT, Appellant/Petitioner(s), v. Austin THOMAS, Wow Burgers and Angel Didios, et al, Appellee/respondent(s).
As a petition for belated appeal is not available in a civil proceeding, the petition for belated appeal is dismissed. See In re Commitment of May, 975 So. 2d 579, 580 (Fla. 2d DCA 2008).
Our dismissal is without prejudice to petitioner's right to seek any relief to which he may be entitled in the circuit court under Florida Rule of Civil Procedure 1.540(b). See Snelson v. Snelson. 440 So. 2d 477 (Fla. 5th DCA 1983) (“Relief may be sought in the trial court by motion under Fla. R.C.P. 1.540(b) to set aside the order where no notice of its entry was given the parties, coupled with a request that a new order be entered so that the right of appeal is preserved.”).
BY ORDER OF THE COURT:
SILBERMAN, MORRIS, and ATKINSON, JJ., Concur.
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Docket No: CASE NO.: 2D19-4422
Decided: December 03, 2019
Court: District Court of Appeal of Florida, Second District.
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