JOHNNY LEE LOWERY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• Philmon Mowatt v. State, 963 So. 2d 348 (Fla. 4th DCA 2007)
  …ins jurisdiction. We would also recommend removing the language from orders denying rule 3.800(c) motions which states that the defendant may appeal within 30 days. There is no right to appeal the denial of a rule 3.800(c) motion. Howard v. State, 914 So. 2d 455 (Fla. 4th DCA 2005). WARNER, STEVENSON and MAY, JJ., concur.…
• Graham v. State, 24 So. 3d 781 (Fla. 5th DCA 2009)
  …less, refused to grant mandamus, reasoning that because the motion was not filed until the sixtieth day, the trial court did not have a “meaningful opportunity to rule on his motion within the allotted jurisdictional time.” See also Howard v. State, 914 So. 2d 455, 456 (Fla. 4th DCA 2005). The Fourth District recently reiterated this position in State v. Schlabach, 1 So. 3d 1091 (Fla. 4th DCA 2009), certifying conflict with the Second District in Childers v. State, 972 So. 2d 307 (Fla. 2d DCA 2008). Followin…
• Marylynn Falco v. State, 44 So. 3d 198 (Fla. 4th DCA 2010)
  …. Despite the language in the order of dismissal informing appellant that she had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c) motion. See Reeves v. State, 23 So. 3d 1263 (Fla. 4th DCA 2009); Howard v. State, 914 So. 2d 455 (Fla. 4th DCA 2005). Accordingly, we dismiss the appeal for lack of jurisdiction. WARNER, POLEN and LEVINE, JJ., concur.…

Authorities Cited

• Hinton v. Hinton, 886 So. 2d 336 (Fla. 5th DCA 2004)
• Smith v. State, 886 So. 2d 336 (Fla. 5th DCA 2004)