L.S.F-W., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES (2022)

District Court of Appeal of Florida, First District.

L.S.F-W., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 1D22-2336

Decided: September 02, 2022

L.S.F-W., pro se, Appellant. Sarah J. Rumph, Appellate Counsel, Children's Legal Services, Tallahassee, for Appellee.

In this case, we ordered Appellant to show cause why this appeal should not be dismissed as untimely.

Even though Appellant filed the notice of appeal more than thirty days after rendition of the order under review, we do not dismiss for lack of jurisdiction. See generally Fla. R. App. P. 9.146; see also Fla. R. App. P. 9.110(b).

Instead, we treat Appellant's response to the order to show cause as a petition for writ of habeas corpus alleging an entitlement to a belated appeal due to ineffective assistance of counsel in a case involving a termination of parental rights. See Art. V, sec. 2, Fla. Const.; see also Fla. R. App. P. 9.040(c); In Interest of E.H., 609 So. 2d 1289, 1290 (Fla. 1992).

Additionally, we transfer the re-designated petition to the lower court for disposition. See Art. V, sec. 2, Fla. Const.; see also Fla. R. App. P. 9.040(b)(1); In Interest of E.H., 609 So. 2d at 1291.

Per Curiam.

Kelsey, Jay, and M.K. Thomas, JJ., concur.

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