When someone is convicted and sentenced in a criminal case, they usually have a short, fixed window to file a notice of appeal. Missing that deadline can feel like losing the chance to have a higher court review what happened.
Florida law recognizes that a deadline can sometimes pass for reasons outside a person’s control. In limited situations, an appeals court can allow a “belated” appeal — an appeal filed after the normal time has run.
This short order shows how that process can play out. In Jacobs v. State, a recent decision from Florida’s Fifth District Court of Appeal, the court granted a petition asking to move forward with an appeal despite the missed deadline.
Key Takeaway
A Florida appeals court can grant a “belated appeal,” allowing a case to proceed even after the usual deadline to appeal has passed. When granted, the court’s opinion itself functions as the notice of appeal.
What happened in this case?
The petitioner asked the Fifth District Court of Appeal for permission to pursue a belated appeal from a judgment and sentence entered in a Duval County circuit court criminal case.
The court granted the request. The State did not file an appearance in the matter.
What is a belated appeal?
A belated appeal is a request to bring an appeal after the standard filing deadline has passed. Instead of filing a routine notice of appeal in the trial court, a person files a petition directly with the appeals court asking for permission to proceed.
Here, the court relied on Florida Rule of Appellate Procedure 9.141(c)(6)(D) in granting the petition and directing how the case should move forward.
What did the court decide?
The court granted the petition. It directed that a copy of its opinion be filed with the trial court and treated as the notice of appeal from the June 1, 2026 judgment and sentence.
In other words, the opinion itself stepped in as the document that starts the appeal, allowing the case to move into the normal appellate process.
Why the opinion acts as the notice of appeal
Because the ordinary deadline had passed, the court’s order does the job the missed notice of appeal would have done, letting review of the judgment and sentence go forward.
Why does this matter to readers?
This decision illustrates a general point about Florida’s appellate system: deadlines are strict, but the rules include a mechanism for seeking review when an appeal was not timely filed.
It also shows the practical effect of granting such a petition — the appeal is treated as properly begun, and the case can proceed to be considered on its merits like any other appeal.
Disclaimer: This post is for general information only, is not legal advice, does not create an attorney-client relationship, and does not predict or guarantee any result. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding, ask for free written information about the lawyer’s qualifications and experience.