BURKS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2025-01-23
No. 1D2024-1673
2025 FL 650 Florida District Court of Appeal, First District (2025)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An order denying postconviction discovery is not an independently appealable order under Florida Rule of Appellate Procedure 9.140(b)(1).


Headnotes

[1] An order denying postconviction discovery is not an independently appealable final order under Fla. …

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1).”

The court's sole basis for dismissing the appeal, citing Robinson v. State, 255 So. 3d 907, 907 (Fla. 1st DCA 2018).

Facts & Procedural History

Keith Burks appealed a circuit court order denying him postconviction discovery.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court

January 23, 2025 PER CURIAM.

DISMISSED. See Robinson v. State, 255 So. 3d 907, 907 (Fla. 1st DCA 2018) (“The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1).”). B.L. THOMAS, RAY, and KELSEY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw