O’Malley — Fifth District granted a belated appeal from denial of postconviction relief

Case
Jody O’Malley v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Wallis; Lambert; Boatwright
Date Decided
October 30, 2026
Docket No.
5D2026-2113
Topics
Belated Appeal; Postconviction Relief; Appellate Procedure
Source
Read the full opinion

Background

Jody O’Malley, proceeding pro se, petitioned the Florida Fifth District Court of Appeal for a belated appeal in an original proceeding.

O’Malley sought to appeal the December 5, 2025 order denying a motion for postconviction relief in Clay County Circuit Court Case No. 2021-CF-000195-A.

The Court’s Holding

The Fifth District granted O’Malley’s petition for a belated appeal.

Under Florida Rule of Appellate Procedure 9.141(c)(6)(D), the court directed that a copy of its opinion be filed with the trial court and treated as the notice of appeal from the December 5, 2025 order.

Key Takeaways

  • O’Malley may pursue a belated appeal from the order denying postconviction relief.
  • The appellate opinion itself will serve as the notice of appeal when filed with the trial court.
  • The court granted the petition without stating additional factual grounds in the opinion.

Why It Matters

The decision allows appellate review to proceed despite the absence of a timely conventional notice of appeal. It also illustrates the procedure by which a Florida appellate court’s opinion granting belated review can function as the notice of appeal.

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