         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                          No. 1D18-3998
                  _____________________________

MARK A. MERRILL,

    Petitioner,

    v.

STATE OF FLORIDA; MARK S.
INCH, Florida Department of
Corrections,

    Respondents.
               _____________________________


Petition for Belated Appeal—Original Jurisdiction.


                         March 18, 2019


PER CURIAM.

     Because this amended petition seeks belated appeal of a
lower tribunal order in a civil matter, the amended petition is
denied. See Powell v. Fla. Dep’t of Corrections, 727 So. 2d 1103
(Fla. 1st DCA 1999) (stating that because the proceedings below
were civil in nature, the provisions of Florida Rule of Appellate
Procedure 9.141(c) are not applicable). Petitioner may seek relief
in the lower tribunal by a motion pursuant to Florida Rule of
Civil Procedure 1.540. See Welch v. Department of Corrections,
238 So. 3d 1281 (Fla. 1st DCA 2018).
BILBREY, WINOKUR, and JAY, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Mark A. Merrill, pro se, Petitioner.

Ashley B. Moody, Attorney General, and Daniel Krumbholz,
Assistant Attorney General, Tallahassee, for Respondents.




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