What did the court decide?

The court granted the petition for a belated appeal and ordered that this opinion serve as the notice of appeal from the trial court's February 28, 2025 order.

Who is affected by this decision?

Petitioner Michael Anthony Foster, Jr. is directly affected because he is now permitted to pursue an appeal of the denial of his postconviction relief.

Does this decide the underlying postconviction claims?

No. The decision is procedural and only allows Foster to file an appeal; the merits of his postconviction claims remain to be decided on appeal.

Can this order be challenged further?

This decision grants the belated appeal; procedural motions such as motions for rehearing under the Florida Rules of Appellate Procedure may be available, but the primary effect is to permit the appeal to proceed.

Michael Anthony Foster, Jr. v. State of Florida

Docket 5D2026-0858

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Habeas CorpusGranted

Filed: May 1, 2026 · today
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Habeas Corpus
Disposition: Granted
Docket: 5D2026-0858

Petition for belated appeal from an order denying a motion for postconviction relief (Feb. 28, 2025) in Duval County Circuit Court, Case No. 2023-CF-003421-A.

Summary

The Fifth District Court of Appeal granted Michael Anthony Foster, Jr.'s petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the February 28, 2025 order that denied the defendant's motion for postconviction relief in Duval County Circuit Court case number 2023-CF-003421-A. The court acted under its original jurisdiction to permit Foster to proceed with an appeal despite the missed appellate deadline, citing the Florida Rule of Appellate Procedure that governs belated appeals.

Issues Decided

Whether the petitioner is entitled to a belated appeal from the trial court's denial of postconviction relief.
Whether the court should treat this opinion as the notice of appeal under the Florida Rules of Appellate Procedure.

Court's Reasoning

The appellate court concluded the petition met the standards for a belated appeal and exercised its authority in original jurisdiction to permit review. It ordered this opinion to be filed with the trial court and treated as the notice of appeal, consistent with the procedure set out in the Florida Rules of Appellate Procedure. The decision was procedural rather than addressing the merits of the underlying postconviction claims.

Authorities Cited

Florida Rule of Appellate Procedure 9.141(c)(6)(D)Fla. R. App. P. 9.141(c)(6)(D)

Parties

Petitioner: Michael Anthony Foster, Jr.
Respondent: State of Florida
Attorney: Ryan Edward McFarland (Kent & McFarland, Jacksonville)
Attorney: James Uthmeier, Attorney General, and Brian Hofer, Assistant Attorney General
Judge: LAMBERT, EDWARDS, and KILBANE, JJ.

Key Dates

Opinion date: 2026-05-01
Trial court order denying postconviction relief: 2025-02-28

What You Should Do Next

1
File appellate briefs
The petitioner should work with counsel to file the initial brief on appeal in accordance with appellate deadlines now that the notice of appeal is treated as filed.
2
Serve opinion on trial court
Ensure the opinion is filed with the trial court as directed so the notice of appeal is of record in Case No. 2023-CF-003421-A.
3
Consider procedural motions if needed
If there are any issues about the scope or timing of the belated appeal, counsel may consider timely filing motions for clarification or rehearing under Fla. R. App. P. 9.330 or 9.331.

Frequently Asked Questions

What did the court decide?: The court granted the petition for a belated appeal and ordered that this opinion serve as the notice of appeal from the trial court's February 28, 2025 order.
Who is affected by this decision?: Petitioner Michael Anthony Foster, Jr. is directly affected because he is now permitted to pursue an appeal of the denial of his postconviction relief.
Does this decide the underlying postconviction claims?: No. The decision is procedural and only allows Foster to file an appeal; the merits of his postconviction claims remain to be decided on appeal.
Can this order be challenged further?: This decision grants the belated appeal; procedural motions such as motions for rehearing under the Florida Rules of Appellate Procedure may be available, but the primary effect is to permit the appeal to proceed.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIFTH DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                      Case No. 5D2026-0858
                  LT Case No. 2023-CF-003421-A
                  _____________________________

MICHAEL ANTHONY FOSTER, JR.,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition for Belated Appeal.
A Case of Original Jurisdiction.

Ryan Edward McFarland, of Kent & McFarland, Jacksonville, for
Petitioner.

James Uthmeier, Attorney General, Tallahassee, and Brian
Hofer, Assistant Attorney General, Tallahassee, for Respondent.

                           May 1, 2026

PER CURIAM.

      The petition for belated appeal is granted. A copy of this
opinion shall be filed with the trial court and be treated as the
notice of appeal from the February 28, 2025 order denying
Defendant’s motion for postconviction relief rendered in Case No.
2023-CF-003421-A, in the Circuit Court in and for Duval County,
Florida. See Fla. R. App. P. 9.141(c)(6)(D).
PETITION GRANTED.

LAMBERT, EDWARDS, and KILBANE, JJ., concur.
              ____________________________

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




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