LARRY MATHIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LARRY MATHIS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
959 So. 2d 378
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We dismiss the appeal from the denial on the merits of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) as from a non-appealable order. See McKinzy v. State, 949 So. 2d 1153 (Fla. 3d DCA 2007). The dismissal is without prejudice to Mathis filing those claims which are cognizable via Florida Rule of Criminal Procedure 3.850.
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Sidman v. Marino, 46 So. 3d 1136 (Fla. 1st DCA 2010)…onsent decree she entered into with Louis Marino, III, in 2000. We find that the lower court abused its discretion by modifying visitation without competent, substantial evidence of a substantial change in circumstances. See, e.g., Jannotta v. Hess, 959 So. 2d 378 (Fla. 1st DCA 2007). Sections 61.13(2)(e) and (3), Florida Statutes, each require, proof that modification of a parenting plan and time-sharing schedule is in the best interests of the child and is based upon a substantial, material, and unanticip…
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Alexander v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla., 523 F.3d 1291 (11th Cir. 2008)…odify a sentence generally is not appealable, but is subject to review in an extraordinary case under the Florida appellate court's certiorari jurisdiction. See Byrd v. State, 920 So. 2d 825, 826 (Fla.Dist.Ct.App. 2006); see also Mathis v. State, 959 So. 2d 378 (Fla.Dist.Ct.App.2007) (dismissing appeal of order denying Rule 3.800(c) motion). .Under the “mailbox rule,” Alexander’s § 2254 petition is deemed filed on the date it was delivered to prison authorities for mailing. See Adams v. United States, 17…
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Alexander v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla., 510 F.3d 1362 (11th Cir. 2007)…odify a sentence generally is not appealable, but is subject to review in an extraordinary case under the Florida appellate court's certiorari jurisdiction. See Byrd v. State, 920 So. 2d 825, 826 (Fla.Dist.Ct.App. 2006); see also Mathis v. State, 959 So. 2d 378 (Fla.Dist.Ct.App.2007) (dismissing appeal of order denying Rule 3.800(c) motion). .Under the "mailbox rule,” Alexander's § 2254 petition is deemed filed on the date it was delivered to prison authorities for mailing. See Adams v. United States, 17…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Francis v. State, 949 So. 2d 1153 (Fla. 3d DCA 2007)
- Anthrone McKINZY v. State, 949 So. 2d 1153 (Fla. 3d DCA 2007)