EYLEEN CARABALLO, APPELLANT,

v.

FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Citator

Cited By (11 total)

• Jennard HAM v. State, 36 So. 3d 189 (Fla. 2d DCA 2010)
  …n was timely or that its earlier motion denying the extension warrants reconsideration. This court will review the denial of the motion to extend time, if necessary, when reviewing the order disposing of the postconviction motion. Manning v. State, 28 So. 3d 971, 973 (Fla. 2d DCA 2010). Because, at this juncture, we do not have a final, appealable order for review, we dismiss this appeal. Ham shall have sixty days following the date that this opinion becomes final to file his rule 3.850 motion for postconvi…
• Colon-Gonzalez v. State, 227 So. 3d 142 (Fla. 2d DCA 2017)
  …o file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Because such an order is not a final, appealable order, we must dismiss this appeal. See Ham v. State, 36 So. 3d 189, 190 (Fla. 2d DCA 2010); Manning v. State, 28 So. 3d 971, 973 (Fla. 2d DCA 2010). As we did in Ham and Manning, we give Colon-Gonzalez sixty days following the date that this opinion becomes final to file his rule 3.850 motion. Once he files the motion, the postconviction court can determine the issue of…
• Takoya Criner v. State, 59 So. 3d 196 (Fla. 1st DCA 2011)
  …e. An “appellate court will review the denial of the motion to extend, if need [*197] be, when it reviews the order disposing of the postconviction motion.” Carroll v. State, — So. 3d —, 2010 WL 5381851 (Fla. 3d DCA 2010) (quoting Manning v. State, 28 So. 3d 971, 973 (Fla. 2d DCA 2010)). The time period for filing rule 3.850motions may be extended for good cause. State v. Boyd, 846 So. 2d 458, 459 (Fla.2003). Because the determination of good cause is based on the peculiar facts and circumstances of each ca…

Authorities Cited

• Buns Unlimited OF Fla., Inc. v. Unemployment Appeals Comm'n, 508 So. 2d 786 (Fla. 5th DCA 1987)
• Farmer v. State, 983 So. 2d 10 (Fla. 1st DCA 2008)