LARRY RAY MCCOY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1986-03-26
No. BI-195
THOMPSON and ZEHMER, JJ., concur., THOMPSON and ZEHMER, JJ., concur.
487 So. 2d 1095 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 6 cases
Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

Defendant appeals from a partial denial of his motion for post-conviction relief under Fla.R.Crim.P. 3.850. The trial court denied the motion as to five of six grounds alleged with leave to amend the motion as to the sixth ground. The order is not final and appealable until it disposes of all the issues presented. White v. State, 450 So. 2d 556 (Fla. 2d DCA 1984).

The appeal is DISMISSED.

THOMPSON and ZEHMER, JJ., concur.

Other

On motion for rehearing, appellant calls to our attention the trial court’s order of August 14, 1985, in which the trial court disposed of the amended motion. The motion for rehearing is GRANTED. Upon consideration of the final order of the trial court, we find no reversible error. AFFIRMED.

THOMPSON and ZEHMER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Edler v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)
    …filed pursuant to Florida Rule of Criminal Procedure 3.850. Edler’s motion raises three issues; the order before us disposes of only two. An order is not a final appealable order until it disposes of all the issues presented below. McCoy v. State, 487 So. 2d 1095 (Fla. 1st DCA 1986); White v. State, 450 So. 2d 556 (Fla. 2d DCA 1984) (holding that an order summarily denying several, but not all, points in a motion to vacate a judgment and sentence is not appealable); see also Ferguson v. State, 647 So. 2d 107…
  • Lake v. State, 53 So. 3d 1125 (Fla. 1st DCA 2011)
    …in the motion. It is well-settled that an order disposing of some, but not all of the claims in a motion for postconviction relief is not an appealable final order. See Edler v. State, 673 So. 2d 970, 971 (Fla. 1st DCA 1996) (citing McCoy v. State, 487 So. 2d 1095 (Fla. 1st DCA 1986), and White v. State, 450 So. 2d 556 (Fla. 2d DCA 1984)). In response to our order directing Appellant to show cause why this case should not be dismissed on this basis, Appellant conceded that the trial court’s order was not an a…
  • Ferguson v. State, 647 So. 2d 1076 (Fla. 5th DCA 1994)
    …PER CURIAM. DISMISSED without prejudice. McCoy v. State, 487 So. 2d 1095 (Fla. 1st DCA 1986) and White v. State, 450 So. 2d 556 (Fla. 2d DCA 1984). GOSHORN, PETERSON and GRIFFIN, JJ., concur.…

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