STEPHEN PATRICK WOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Stephen Patrick Wood filed a motion pursuant to rule 3.850 of the Florida Rules of Criminal Procedure raising seventeen claims for postconviction relief. The trial court summarily denied relief on fourteen of the asserted claims but determined that an evidentiary hearing was 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 evidentiary 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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Cervino v. State, 785 So. 2d 631 (Fla. 5th DCA 2001)…with regard to the first claim. Therefore, the judicial labor in the trial court has not ended. Under similar circumstances, this court has dismissed rule 3.850 appeals. See, e.g., McGriff v. State, 721 So. 2d 839 (Fla. 5th DCA 1998); Wood v. State, 720 So. 2d 312 (Fla. 5th DCA 1998); Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). This court in Gowins quoted the following language from White v. State, 450 So. 2d 556 (Fla. 2d DCA 1984): [T]he question [arises] as to the appeala-bility of an order parti…
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Lamont Taylor v. State, 96 So. 3d 989 (Fla. 5th DCA 2012)…with regard to the first claim. Therefore, the judicial labor in the trial court has not ended. Under similar circumstances, this court has dismissed rule 3.850 appeals. See, e.g., McGriff v. State, 721 So. 2d 839 (Fla. 5th DCA 1998); Wood v. State, 720 So. 2d 312 (Fla. 5th DCA 1998); Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). This court in Gowins quoted the following language from White v. State, 450 So. 2d 556 (Fla. 2d DCA 1984): [T]he question [arises] as to the ap-pealability of an order parti…
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Loran v. State, 797 So. 2d 29 (Fla. 5th DCA 2001)…PER CURIAM. DISMISSED FOR LACK OF JURISDICTION. See McGriff v. State, 721 So. 2d 839 (Fla. 5th DCA 1998); Wood v. State, 720 So. 2d 312 (Fla. 5th DCA 1998); Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997). THOMPSON, C.J., PETERSON and GRIFFIN, JJ., concur.…
Authorities Cited
- Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997)