BRIAN KEITH SHELLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2008-10-07
No. 1D07-6603
WOLF, LEWIS, and ROBERTS, JJ., concur.
993 So. 2d 93 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 8 cases
Topics
Finality Of Orders Appellate Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Brian Shelley, moves this Court to relinquish jurisdiction so that the trial court’may enter a final, appealable order on all of the claims he raised in his initial motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and his subsequent amendment. We grant the appellant’s motion and dismiss the appeal.

The appellant filed a notice of appeal challenging the trial court’s order denying in part and striking in part his motion for postconviction relief. However, because it struck one of the appellant’s claims as legally insufficient with leave to amend, the trial court’s order lacks finality and this Court lacks jurisdiction to review it. See Howard, v. State, 976 So. 2d 635, 636 (Fla. 5th DCA 2008).

DISMISSED.

WOLF, LEWIS, and ROBERTS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Buss v. Reichman, 53 So. 3d 339 (Fla. 4th DCA 2011)
    …or untimely collateral attack on a conviction or sentence entered by another court, the petition should be dismissed under rule 3.850(f) or (b) or transferred to the sentencing court for consideration under rule 3.850 or 3.800(a). Batista v. State, 993 So. 2d 93, 95 (Fla. 5th DCA 2008); Richardson v. State, 918 So. 2d 999, 1001 (Fla. 5th DCA 2006); see also Davis v. State, 26 So. 3d 647 (Fla. 2d DCA 2010) (recognizing that a challenge to the legality of a sentence could not be raised in a habeas corpus peti…
  • Johnson v. State, 2 So. 3d 1096 (Fla. 5th DCA 2009)
    …tition is a collateral attack on his judgment and sentence based upon ineffective assistance of counsel. The trial court dismissed the petition because it was not filed in the county where Appellant is incarcerated. This was error. Batista v. State, 993 So. 2d 93 (Fla. 5th DCA 2008). Because we are unable to determine from the limited record whether Appellant’s petition was successive or time barred under rule 3.850, we remand this cause to the lower court for disposition. REVERSED and REMANDED. PALMER,…
  • Morrill v. State (Fla. 1st DCA 2021)
    …tion. September 15, 2021 PER CURIAM. Petitioner seeks belated appeal of an order striking an amended postconviction motion with leave to file a second amended motion. This order is not a final, appealable order. See Shelley v. State, 993 So. 2d 93 (Fla. 1st DCA 2008); Howard v. State, 976 So. 2d 635, 636 (Fla. 5th DCA 2008) (“If leave to amend has been given by the trial court, a defendant may not appeal until he has obtained a denial of the motion that does not include leave to amend.”).…

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