Jack McFarland vs Florida Commission on Offender Review and Florida Department of Corrections

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JACK MCFARLAND, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D17-0190 FLORIDA COMMISSION ON OFFENDER REVIEW and FLORIDA DEPARTMENT OF CORRECTIONS, Respondents. ___________________________/ Opinion filed April 11, 2017. Petition for Belated Appeal -- Original Jurisdiction. Jack McFarland, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee; Rana Wallace, General Counsel, Department of Corrections, Tallahassee, for Respondent. PER CURIAM. Because the proceedings in the circuit court were civil in nature, the court lacks authority to grant a belated appeal. See Powell v. Florida Department of Corrections, 727 So. 2d 1103 (Fla. 1st DCA 1999). Accordingly, the petition seeking belated appeal is DENIED, and petitioner’s motion for extension of time to file a petition for writ of certiorari is DENIED as moot. WETHERELL, BILBREY, and JAY, JJ., CONCUR.

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