VENNIS SMITH v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA VENNIS SMITH, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-5284 STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed November 13, 2009. Petition for Belated Appeal -- Original Jurisdiction. Vennis Smith, pro se, Petitioner. Bill McCollum, Attorney General, and Mark J. Hiers, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. DENIED. See Powell v. Fla. Dep t of Corr., 727 So. 2d 1103 (Fla. 1st DCA 1999) (holding that where the proceedings below are civil in nature, the provisions of Florida Rule of Appellate Procedure 9.141 are not applicable). VAN NORTWICK, PADOVANO, JJ., and BROWNING, JR., EDWIN B., SENIOR JUDGE, CONCUR.

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