Fain v. State, 886 So. 2d 244 (Fla. 1st DCA 2004). · Go Syfert
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Fain v. State, 886 So. 2d 244 (Fla. 1st DCA 2004). Cases Citing This Book View Copy Cite
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Morris FAIN
v.
STATE of Florida
No. 1D04-3488.
District Court of Appeal of Florida, First District.
Oct 11, 2004.
Published opinion
886 So. 2d 244
2004 Fla. App. LEXIS 14952
2004 WL 2270869
Appellant, pro se., Charlie Crist, Attorney General, Tallahassee, for Appellee.
Allen, Browning, Nortwick.
Published
PER CURIAM.

Having considered the appellant’s response to this Court’s August 16, 2004 order, and finding that the notice of appeal was not timely filed, the appeal is hereby dismissed as untimely. This dismissal is without prejudice to the appellant’s right to seek relief in the trial court pursuant to Florida Rule of Civil Procedure 1.540. See Day v. Moore, 785 So.2d 699 (Fla. 1st DCA 2001). Cf. Brigham v. State, 769 So.2d 1100, 1101 (Fla. 1st DCA 2000).

ALLEN, VAN NORTWICK and BROWNING, JJ., concur.