ERIC DONNELL MCGRIFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
W. SHARP, Judge.
McGriff appeals from the trial court’s post conviction order on his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, which denied relief on most grounds, but granted an evidentiary hearing on seven other grounds. There is no record evidence that the evidentiary hearing has been held, and no final order following 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Cervino v. State, 785 So. 2d 631 (Fla. 5th DCA 2001)…motion because it calls for a resentencing hearing 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…
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Jones v. State, 828 So. 2d 410 (Fla. 5th DCA 2002)…was required on claim eleven and ordering the State to schedule a hearing thereon. The defendant filed a notice of appeal as to that order. An order partially disposing of a rule 3.850 motion is not a final appealable order. See McGriff v. State, 721 So. 2d 839 (Fla. 5th DCA 1998). Accordingly, the instant notice of appeal is premature and therefore this appeal must be dismissed. DISMISSED. SHARP, W., and SAWAYA JJ., concur.…
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Lamont Taylor v. State, 96 So. 3d 989 (Fla. 5th DCA 2012)…otion because it calls for a resentenc-ing hearing 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…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- M.K.L. v. State, 662 So. 2d 1348 (Fla. 2d DCA 1995)
- Gordon v. State, 688 So. 2d 995 (Fla. 5th DCA 1997)
- Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997)