JASON WELLS
v.
STATE OF FLORIDA
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A trial court's dismissal of a Rule 3.850 post-conviction motion without prejudice and allowing time to file an amended motion is a non-final, non-appealable order.
[1] A trial court's dismissal of a Rule 3.850 post-conviction motion without prejudice and permitting amendment within a specified period is a non-final order that does not c…
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Join FLexlaw to unlock all legal intelligence“Because the trial court's dismissal was without prejudice to file an amended motion, it is a non-final non-appealable order.”
Court's explanation for dismissing the appeal for lack of jurisdiction
Jason Wells appealed the trial court's dismissal without prejudice of his Rule 3.850 post-conviction motion, which allowed him thirty days to file a l…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
JASON WELLS, Appellant,
V.
STATE OF FLORIDA, Appellee.
Case No. 5D2025-1897 LT Case No. 2022-CF-000263-A
3.850 Appeal from the Circuit Court for Sumter County. Mary P. Hatcher, Judge.
Jason Wells, Madison, pro se.
James Uthmeier, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
June 26, 2026
PER CURIAM.
Appellant Jason Wells appeals the trial court's dismissal without prejudice of his Rule 3.850 post-conviction motion. In its order, the trial court allowed Wells thirty days to file a legally sufficient amended motion.
Because the trial court's dismissal was without prejudice to file an amended motion, it is a non-final non-appealable order. See Young v. State, 398 So. 3d 1133, 1133 (Fla. 5th DCA 2024). Accordingly, we dismiss this appeal without prejudice for want of jurisdiction. Wells may file an amended Rule 3.850 motion within sixty days of the date on which this Court's opinion becomes final. See Fla. R. Crim. P. 3.850(h)(2), (m).
DISMISSED WITHOUT PREJUDICE.
WALLIS, HARRIS, and SOUD, JJ., concur.