LANCASTER
v.
STATE OF FLORIDA

Fla. 2d DCA | 2025-02-12
No. 2D2024-0466
2025 FL 1120 Florida District Court of Appeal, Second District (2025) Positive Treatment

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Synopsis

The Florida District Court of Appeal, Second District, dismissed part of an appeal for lack of jurisdiction and affirmed the remainder. The appellant's challenge to the denial of his rule 3.800(a) motion was dismissed because the appeal was untimely filed. The challenge to a sanction order barring him from filing further pro se pleadings was affirmed.


Holding

The appeal challenging the denial of the rule 3.800(a) motion is dismissed for lack of jurisdiction due to untimely filing. The appeal challenging the sanction order is affirmed.


Headnotes

[1] A notice of appeal must be filed within thirty days of rendition of an order to confer appellate jurisdiction, and failure to timely file results in dismissal for lack of…

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Key Quotes

“To the extent Lancaster challenges the order denying his rule 3.800(a) motion, the appeal is dismissed for lack of jurisdiction because the notice of appeal was filed more than thirty days after rendition of that order.”

Establishes the reason for dismissing the appeal concerning the rule 3.800(a) motion.

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Facts & Procedural History

Terry C. Lancaster appealed two orders from the circuit court: one denying his motion under Florida Rule of Criminal Procedure 3.800(a), and another s…

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Opinion of the Court

BLACK, Judge.

Terry Lancaster appeals from the order denying his Florida Rule of Criminal Procedure 3.800(a) motion and the sanction order barring him from filing further pro se pleadings in circuit court case number CRC00- 02032CFANO. To the extent Lancaster challenges the order denying his rule 3.800(a) motion, the appeal is dismissed for lack of jurisdiction

because the notice of appeal was filed more than thirty days after rendition of that order. See Fla. R. App. P. 9.141(b)(1); Fla. R. App. P. 9.110(b); cf. Garson v. State, 338 So. 3d 301, 302 (Fla. 4th DCA 2022). To the extent Lancaster challenges the sanction order, we affirm without comment.

Dismissed in part; affirmed in part.

SILBERMAN and VILLANTI, JJ., Concur.

Opinion subject to revision prior to official publication. 2


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