No. 1D04-2599.District Court of Appeal of Florida, First District.
August 30, 2004.
An appeal from the Circuit Court for Calhoun County. Judy M. Pittman and Hentz McClellan, Judges.
Appellant, pro se.
Charlie Christ, Attorney General, for Appellee.
PER CURIAM.
Having considered the appellant’s response to this Court’s June 30, 2004, order, as well as the record, filed on July 9, 2004, this appeal is hereby dismissed as untimely. Newell v. Moore, 826 So.2d 1033 (Fla. 1st DCA 2002). This dismissal is without prejudice to appellant’s right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540. See Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998).
DISMISSED.
WOLF, C.J., ERVIN and LEWIS, JJ., CONCUR.
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