Background
Terrance D.K. Davis, proceeding without counsel, filed an original proceeding in the Florida First District Court of Appeal seeking a writ of belated appeal against the State of Florida.
The court’s brief opinion does not identify the judgment Davis sought to appeal, explain why the original appeal was not timely pursued, or describe the arguments presented by either party.
The Court’s Holding
The First District Court of Appeal dismissed Davis’s petition because it was filed after the applicable deadline.
The per curiam opinion provided no further analysis of the timeliness issue or the merits of Davis’s request for a belated appeal. Judges Lewis, Rowe, and Kelsey concurred.
Key Takeaways
- A petition seeking a belated appeal remains subject to applicable filing deadlines.
- An untimely petition may be dismissed without consideration of its merits.
- The court did not address the underlying judgment or Davis’s reasons for seeking belated appellate review.
Why It Matters
The decision underscores that litigants seeking extraordinary appellate relief must comply with procedural time limits. Even when a petitioner proceeds without counsel, an untimely request for a belated appeal may be dismissed at the threshold.