Background
Jarrod Nasief Deenah sought a belated appeal of a trial court order denying his motion for postconviction relief. The underlying criminal case originated in the Circuit Court in and for Brevard County, Florida (Case No. 05-2019-CF-52896-A). On January 6, 2026, the trial court entered an order denying Deenah’s motion for postconviction relief. Deenah subsequently filed a petition for belated appeal with the Fifth District Court of Appeal, seeking appellate review of the trial court’s denial.
The Fifth District accepted this matter as a case of original jurisdiction and treated the petition as requesting permission to file a belated appeal from the January 6, 2026 order. The court applied Florida Rule of Appellate Procedure 9.141(c)(6)(D) in considering whether to grant the request.
The Court’s Holding
The Fifth District Court of Appeal granted Deenah’s petition for belated appeal. By this opinion, the court authorized the filing of a late notice of appeal and permitted the appeal to proceed to the merits. The opinion itself serves as the formal notice of appeal from the trial court’s January 6, 2026 order denying postconviction relief.
The decision is not final pending disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331, which concern motions for rehearing and reconsideration.
Key Takeaways
- The Fifth District has discretion to grant petitions for belated appeal even after the normal appellate deadline has passed.
- A grant of a belated appeal petition permits the substantive review of the trial court’s order on the merits, rather than dismissal based solely on procedural tardiness.
- An appellate court order granting a belated appeal petition serves as the formal notice of appeal required to proceed in the appellate process.
Why It Matters
This decision ensures that Deenah’s challenge to the denial of postconviction relief will receive appellate consideration despite the late filing. Petitions for belated appeal are discretionary, and trial courts’ denials of postconviction motions are reviewed only when timely appealed or when a court of appeal permits a late appeal. By granting the petition, the Fifth District has allowed Deenah’s substantive arguments regarding the postconviction relief decision to proceed to appellate review.
For criminal defendants seeking appellate review of adverse trial court rulings, this decision illustrates that while strict compliance with appellate filing deadlines is normally required, courts retain the equitable power to permit belated appeals in appropriate circumstances, ensuring that meritorious appeals are not foreclosed by procedural default alone.
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