LUIS COLON-GONZALEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Luis Colon-Gonzalez appeals an. order denying his petition seeking an extension of time to 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 timeliness as outlined by case law and can then dispose of the motion on the merits, if appropriate.
Dismissed.
LaROSE and LUCAS, JJ., Concur.
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Treneka Simmonds v. Connor Perkins, 247 So. 3d 397 (Fla. 2018)…h the mother and husband object, if 'common sense and reason are outraged' by applying the marital presumption to bar such an action" under the particular facts of the case. Perkins , 227 So. 3d at 649 (quoting M.L. v. Dep't of Children & Families , 227 So. 3d 142, 145 (Fla. 4th DCA 2017) ). The Fourth District concluded that this was the situation in this case and that the presumption of legitimacy should not be applied to bar this action. Id. at 649-50. As a result, the Fourth District reversed and remanded…
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Connor Perkins v. Treneka Simmonds, 227 So. 3d 646 (Fla. 4th DCA 2017)…left entirely to the husband’s “whim.” ... [A] biological father may seek to establish his paternity, even when both the mother and husband object, if “common sense and reason are outraged” by applying the marital presumption to bar such an action. 227 So. 3d 142, 2017 WL 1718807 (Fla. 4th DCA May 3, 2017), (internal citations omitted). An example of when the application of the presumption of legitimacy outraged common sense and logic can be found in Lander v. Smith, 906 So. 2d 1130 (Fla. 4th DCA 2005). The…
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J.G. v. State, 247 So. 3d 561 (Fla. 4th DCA 2018)…2009). Accordingly, if J.G. wanted to be considered the Children's legal father, he was required to seek a judgment of paternity before the court terminated the Children's legal parents' parental rights. See M.L. v. Dep't of Children and Families , 227 So. 3d 142, 145-46 (Fla. 4th DCA 2017). He failed to do so and thus lost his chance to be considered the Children's legal father. Shuler , 17 So. 3d at 336 (biological father to child born within an intact marriage could not seek to establish paternity after c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Manning v. State, 28 So. 3d 971 (Fla. 2d DCA 2010)
- Eyleen Caraballo v. Fla. Unemployment Appeals Comm'n, 28 So. 3d 971 (Fla. 1st DCA 2010)
- Jennard HAM v. State, 36 So. 3d 189 (Fla. 2d DCA 2010)