PAUL LEGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PAUL LEGER, APPELLANT,
STATE OF FLORIDA, APPELLEE
818 So. 2d 697
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PLEUS, J.
This is an appeal from a non-final order denying some of Leger’s grounds contained in his 3.850 motion, but scheduling an evidentiary hearing as to one ground. As such, the appeal is premature and unauthorized. See Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995). Therefore, the appeal is dismissed sua sponte for lack of jurisdiction. See Cervino v. State, 785 So. 2d 631 (Fla. 5th DCA 2001). Of course, this is without prejudice to Leger to appeal once the trial court disposes of the 3.850 motion with finality.
DISMISSED.
SHARP, W„ and ORFINGER, R.B., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anglin v. State, 970 So. 2d 903 (Fla. 5th DCA 2007)…trial court renders a final appeal-able order on grounds one and two of Mr. Anglin’s motion for relief in accordance with rule 3.850, Mr. Anglin will have 30 days from the rendition of that order to appeal any unfavorable ruling. See Leger v. State, 818 So. 2d 697 (Fla. 5th DCA 2002). PETITION DISMISSED. GRIFFIN and LAWSON, JJ„ concur.…
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Roshan Ramkhelawan v. State, 137 So. 3d 524 (Fla. 4th DCA 2014)…al court’s denial of the motion for leave to supplement. Because the motion which Defendant sought to supplement is still pending resolution, we find that this is an appeal of a non-final order that is premature and unauthorized. See Leger v. State, 818 So. 2d 697 (Fla. 5th DCA 2002). Accordingly, the appeal is dismissed for lack of jurisdiction without prejudice to Defendant’s appeal once the trial court enters a final order on the rule 3.850 motion. Dismissed. STEVENSON, GROSS and TAYLOR, JJ., concur…
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Fla. Dep't OF Hwy. Safety & Motor Vehicles v. JM Auto, Inc., 977 So. 2d 733 (Fla. 1st DCA 2008)…ry language authorizing the agency to adopt rules to implement the subject matter of the statute. See, e.g., Hanger Prosthetics & Orthotics, Inc. v. Dep’t of Health, 948 So. 2d 980 (Fla. 1st DCA 2007); Hennessey v. Dep’t of Bus. & Prof'l Regulation, 818 So. 2d 697 (Fla. 1st DCA 2002); Bd. of Trs. of the Internal Improvement Trust Fund v. Day Cruise Ass’n Inc., 794 [*735] So. 2d 696 (Fla. 1st DCA 2001); Sw. Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc., 773 So. 2d 594 (Fla. 1st DCA 2000). Consistent wi…
Authorities Cited
- M.K.L. v. State, 662 So. 2d 1348 (Fla. 2d DCA 1995)
- Cervino v. State, 785 So. 2d 631 (Fla. 5th DCA 2001)