RONALD PATRICK MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD PATRICK MITCHELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
719 So. 2d 1258
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 91 cases
Opinion of the Court
PER CURIAM.
We dismiss this appeal for lack of jurisdiction. The motion for reduction of sentence pursuant to Rule 3.800(c), Florida Rules of Criminal Procedure, is addressed to the discretion of the trial court. This court therefore has no jurisdiction to review the correctness of the trial court’s disposition of the motion. See Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990).
BARFIELD, C.J., and ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (46 total)
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Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999)…ecause the motion was not filed within 60 days after Appellant was sentenced. We reverse. A trial court’s order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not appealable. Mitchell v. State, 719 So. 2d 1258 (Fla. 1st DCA 1998). However, an appellate court may exercise its certiorari jurisdiction to review a case where the motion was denied for, among other reasons, lack of jurisdiction based on the motion’s untimeliness. Brown v. State, 707 So. 2d 1191…
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Hialeah Hotel, Inc. v. Woods, 778 So. 2d 314 (Fla. 3d DCA 2000)…precedent holds that where a party does not receive a court order until the time for appeal has run, due process requires that the order be reentered so that the adversely affected party can file a notice of appeal. See Durando v. Palm Beach County, 719 So. 2d 1258 (Fla. 1st DCA 1998); Rosso v. Golden Surf Towers Condominium Assoc., 711 So. 2d 1298 (Fla. 4th DCA 1998); Kanecke v. Lennar Homes, Inc., 543 So. 2d 784 (Fla. 3d DCA 1989); Southeastern Fidelity Ins. Co. v. Truck Ins. Exchange, 521 So. 2d 306 (Fla. 3…
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Morgan v. Dep't of Bus. & Prof'l Reg. Constr. Indus. Licensing Bd., 962 So. 2d 997 (Fla. 1st DCA 2007)…or lack of jurisdiction because the notice of appeal did not timely invoke the Court’s jurisdiction. This dismissal is without prejudice to the appellant’s right to seek any relief from the agency that is available. See Durando v. Palm Beach County, 719 So. 2d 1258 (Fla. 1st DCA 1998). BROWNING, C. J., BENTON, and VAN NORTWICK, JJ, concur.…
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- PIA Psychiatric Hosps., Inc. v. State, 568 So. 2d 63 (Fla. 1st DCA 1990)