BENJAMIN ROBERT MCALLISTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Appealable Order cases and more on FLexlaw
COWART, Judge.
Appellant’s original notice of appeal, filed after judgment and sentence, identifies the orders appealed from as “final orders of finding of guilt by the jury.” A verdict is not appealable. Hannah v. State, 402 So. 2d 555 (Fla. 5th DCA 1981); Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981); Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981); Smith v. State, 395 So. 2d 575 (Fla. 5th DCA 1981). Since the appeal was from a non-appealable order, this court has no jurisdiction of the appeal.
Appellant’s “amended notice of appeal,” which identifies the judgment and sentence as the orders appealed from, cannot vest this court with jurisdiction because it was filed more than thirty days after sentencing. Fla. R. App. P. 9.140(b)(2).
The State’s motion to dismiss is granted and the cause is hereby DISMISSED.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. State, 423 So. 2d 520 (Fla. 5th DCA 1982)…grity. At this time we expressly do not consider the difficult related problem presented by a purported appeal from a non-judicial act, and do not reaffirm or recede from that line of cases represented by our recent decision in McAllister v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982). We also note, of course, that the principles discussed in this opinion do not relate to purported appeals wherein the notice of appeal is untimely. Accordingly, upon en banc reconsideration of the state’s motion to dismiss, the…
-
Waite v. City OF Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996)…defendant’s appellate rights. Instead, Martin contained the blanket statement that a “jury verdict alone without an adjudication of guilt may not be appealed.” 600 So. 2d at 22. As authority for that proposition, Martin cited to McAllister v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982), rev. denied, 429 So. 2d 6 (Fla.1983). However, that case stands for a narrower point. McAllister addresses the deficiency of a notice of appeal which identified the orders appealed from as “final orders of finding guilt by the j…
-
Jeffalon Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992)…ellant on probation without an adjudication of guilt. The order is not one entered after final judgment since there [*22] was no final judgment of guilt. A jury verdict alone without an adjudication of guilt may not be appealed. McAllister v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982). Finally, the order here is not a “sentence,” as that term has been interpreted by the Attorney General since it was not preceded by an adjudication of guilt. 072 Op. Att’y Gen. 60 (1972). Although we cannot reach the substance…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 395 So. 2d 575 (Fla. 5th DCA 1981)
- Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981)
- SUN First Nat'l Bank OF Orlando v. Gieger, 402 So. 2d 428 (Fla. 5th DCA 1981)
- Sunny S. Aircraft Serv., Inc. v. Inversiones, 402 So. 2d 555 (Fla. 4th DCA 1981)
- Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981)