Banks v. Moore
Docket: No. 1D00-2693
Court: District Court of Appeal of Florida; August 22, 2000; Florida; State Appellate Court
Robert E. Banks seeks a belated appeal from a Circuit Court order in Duval County that denied his petition for all writs jurisdiction. The court concludes that Banks's appropriate remedy is to file a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). Citing relevant case law (Snelson v. Snelson and Funchess v. Moore), the court denies the belated appeal but allows Banks the option to seek relief from the trial court as per Rule 1.540(b). Judges Kahn, Webster, and Van Nortwick concur with this decision.