GARY C. QUILLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY C. QUILLING, APPELLANT,
STATE OF FLORIDA, APPELLEE
968 So. 2d 1034
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We dismiss this appeal as we lack jurisdiction. The trial court dismissed Appellant’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 without prejudice to refile a proper, concise motion. As such, the trial court’s order is a non-final, non-appealable order. Lee v. State, 939 So. 2d 154 (Fla. 1st DCA 2006); Williams v. State, 884 So. 2d 374 (Fla. 2d DCA 2004). We reject Appellant’s argument that his motion for rehearing was timely filed because Florida Rule of Criminal Procedure 3.850(g) does not authorize rehearing motions directed to non-final orders dismissing without prejudice rule 3.850 motions.
APPEAL DISMISSED.
ORFINGER, MONACO and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Howard v. State, 976 So. 2d 635 (Fla. 5th DCA 2008)…y claims found in the order to be “insufficient.” This court and others have concluded that such an order lacks finality and the courts of appeal lack jurisdiction to review it. Kelly v. State, 969 So. 2d 1159 (Fla. 4th DCA 2007); Quilling v. State, 968 So. 2d 1034 (Fla. 5th DCA 2007); Lee v. State, 939 So. 2d 154 (Fla. 1st DCA 2006). We note, for the benefit of the trial courts, that the procedure recently detailed by the Supreme Court in Spera v. State, 971 So. 2d 754 (Fla.2007), calls for a legally insuff…
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Quilling v. State, 990 So. 2d 1133 (Fla. 5th DCA 2008)…and supplements and limited his refiling to a motion not exceeding fifty pages. This court dismissed the appeal without prejudice, concluding that Mr. Quilling was attempting to have us review a non-appealable non-final order. See Quilling v. State, 968 So. 2d 1034 (Fla. 5th DCA 2007). To confuse matters even further, Mr. Quilling also filed a petition alleging ineffective assistance of appellate counsel, which we also denied. See Quilling v. State, Case No. 5D07-2693. The case presently before us was commenc…
Authorities Cited
- LEE v. State, 939 So. 2d 154 (Fla. 1st DCA 2006)
- Williams v. State, 884 So. 2d 374 (Fla. 2d DCA 2004)