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ITEM 14S | BELATED APPEALS: WHAT HAPPENS IF YOUR ATTORNEY FAILS TO TIMELY FILE A NOTICE OF APPEAL?

Florida has established a strong public policy in favor of protecting the relationship between parents and their children. Thus, an attorney’s mistake in failing to timely file a notice of appeal within 30 days usually will not be held against the parent. Rather, when a parent timely asks the attorney to file an appeal, but the attorney fails to do so, the parent will usually be entitled to belated appeal. The proper method for obtaining a belated appeal is to file a petition for writ of habeas corpus in the trial court. This procedure permits the trial court to resolve any factual issues and any defenses to allowing a belated appeal (such as undue delay).
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 14S from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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