Background
Brandian Darnell Lyons, proceeding without counsel, filed a petition for belated appeal against the State of Florida in the Florida First District Court of Appeal.
The matter came before the court as an original proceeding. The State made no appearance, and the opinion provides no additional facts, procedural history, or description of the grounds asserted in the petition.
The Court’s Holding
The First District Court of Appeal dismissed Lyons’s petition for belated appeal.
The per curiam opinion consists solely of the disposition “DISMISSED” and does not explain the basis for dismissal. Judges Ray, Bilbrey, and Winokur concurred.
Key Takeaways
- The court dismissed the petition for belated appeal.
- The decision did not state whether the dismissal rested on jurisdiction, timeliness, procedural noncompliance, or another ground.
- The opinion was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Why It Matters
The decision ends this belated-appeal proceeding at the First District, subject to any timely and authorized post-decision motion. Because the court supplied no reasoning, the opinion offers no substantive guidance beyond its disposition.