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.