ARZELL DIGGS, JR., v. T.E.W. ON BEHALF OF A.W.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ARZELL DIGGS JR., Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-2421 T.E.W. ON BEHALF OF A.W., Appellee. _____________________________/ Opinion filed July 5, 2013. An appeal from an order of the Circuit Court for Gadsden County. James O. Shelfer, Judge. Anabelle Dias and Kevin Robert Alvarez of Anabelle Dias, P.A., Tallahassee, for Appellant. T.E.W. on behalf of A.W., pro se, Appellee. PER CURIAM. DISMISSED. See Brigham v. State, 769 So. 2d 1100, 1101 (Fla. 1st DCA 2000) (explaining avenues for obtaining belated appeal and stating that in civil proceedings a petitioner must seek relief in the trial court by motion pursuant to rule 1.540 ). Compare Holifield v. Renew & Co., Inc., 18 So. 3d 616 (Fla. 1st 2009) (granting petition for writ of certiorari where no action attributable to the circuit court or court personnel contributed to counsel s neglect in failing to take a timely appeal ), with Pompi v. City of Jacksonville, 872 So. 2d 931, 933 (Fla. 1st DCA 2004) (concluding trial court erred in denying relief from late filing caused by an excusable error). LEWIS, C.J., ROBERTS, and ROWE, JJ., CONCUR. 2

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