CASEY S. GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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W. SHARP, Judge.
We dismiss this appeal sua sponte for lack of jurisdiction, without prejudice to Gordon to bring an appeal upon complete disposition of the case below.
Gordon filed a motion with the trial court pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied his motion regarding seven grounds, but scheduled an evidentiary hearing for January 2, 1997, on Ground V — whether appellate counsel was ineffective and Gordon was entitled to a belated appeal. According to later pleadings filed with this court by Gordon, the trial court held the hearing and granted Gordon a belated appeal. That appeal may moot the points raised in the Rule 3.850 motion, which were denied by the trial court. In any event, the appeal should be dealt with before any Rule 3.850 issues can be considered by this court.
In a similar circumstance, where a trial court denied some relief requested pursuant to a Rule 3.850 motion, but ordered an evidentiary hearing on other grounds raised by the motion, we held the ruling was not final and thus not appealable. See Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). Accordingly, this appeal is sua sponte dismissed.
DISMISSED sua sponte.
THOMPSON and ANTOON, JJ., concur.
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McGRIFF v. State, 721 So. 2d 839 (Fla. 5th DCA 1998)…ollowing it has been rendered. Any appeal should be from that order. Since this issue was not raised by the state, sua sponte, we dismiss this appeal for-lack of jurisdiction. See Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997); Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997); Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). DISMISSED. GRIFFIN, C.J., and COBB, J., concur.…
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Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997)…h an appeal is premature. Since there is still trial court labor to be conducted below, which might moot the appeal, it is not appropriate that we deal with this case in a piecemeal fashion. See, e.g., unpublished orders entered in: Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997) (sua sponte dismissed without prejudice); Myers v. State, No. 96-1585 (Fla. 5th DCA June 17, 1996) (sua sponte dismissed as improper piecemeal appeal); Williams v. State, No. 96-778 (Fla. 5th DCA Mar. 28, 1996) (sua sponte dismis…
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Wood v. State, 720 So. 2d 312 (Fla. 5th DCA 1998)…as required on the remaining three claims. Mr. Wood filed a notice of appeal from this order. This appeal is premature because the trial court has not yet entered a final order. Instead, an evidentia-ry hearing is still pending. See Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997). Accordingly, we must dismiss this appeal, but we do so without prejudice to Mr. Wood to file an appeal upon complete disposition of the case below. DISMISSED. GRIFFIN, C.J., GOSHORN and ANTOON, JJ., concur.…
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