From Casetext: Smarter Legal Research

R. Lee v. State

District Court of Appeal of Florida, First District
Sep 27, 2006
939 So. 2d 154 (Fla. Dist. Ct. App. 2006)
Download
PDF
Check
Treatment

Summary

holding that circuit court's order finding petitioner's claims in his Rule 3.850 motion facially insufficient and dismissing motion without prejudice to re-file facially sufficient motion is "a nonappealable, nonfinal order"

Summary of this case from Allen v. Jones
See 10 Summaries

Opinion

No. 1D06-3102.

September 27, 2006.

An appeal from the Circuit Court for Taylor County. James R. Bean, Judge.

Willie R. Lee, pro se, Appellant.

Charlie Crist, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Having considered the appellant's response to this Court's order, dated August 9, 2006, we dismiss this appeal. The trial court found the appellant's claims in his rule 3.850 motion facially insufficient and dismissed the motion without prejudice to refile a facially sufficient motion. Rowe v. State, 932 So.2d 1291 (Fla. 2d DCA 2006). Therefore, the trial court's order is a nonappealable, nonfinal order. Williams v. State, 884 So.2d 374 (Fla. 2d DCA 2004).

DISMISSED.

ALLEN, WEBSTER, and DAVIS, JJ., concur.

Summaries of

R. Lee v. State

District Court of Appeal of Florida, First District
Sep 27, 2006
939 So. 2d 154 (Fla. Dist. Ct. App. 2006)

holding that circuit court's order finding petitioner's claims in his Rule 3.850 motion facially insufficient and dismissing motion without prejudice to re-file facially sufficient motion is "a nonappealable, nonfinal order"

Summary of this case from Allen v. Jones

holding that circuit court's order finding defendant's claims in initial Rule 3.850 motion facially insufficient and dismissing motion without prejudice to refile was "a nonappealable, nonfinal order"

Summary of this case from Peterson v. Jones

holding that circuit court's order finding petitioner's claims in his Rule 3.850 motion facially insufficient and dismissing motion without prejudice to re-file facially sufficient motion is "a nonappealable, nonfinal order"

Summary of this case from Barry v. Crews

holding dismissal without prejudice to refile a facially sufficient motion is a non-appealable, non-final order

Summary of this case from Campbell v. State

holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable, nonfinal order

Summary of this case from Azam v. State

holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable, non-final order

Summary of this case from Eddins v. State

holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable, nonfinal order

Summary of this case from Robertson v. State

finding order dismissing postconviction motion without prejudice to be a nonappealable, nonfinal order

Summary of this case from Griffin v. State

finding order dismissing rule 3.850 motion without prejudice to be a non-appealable, nonfinal order

Summary of this case from Moore v. State

finding order dismissing rule 3.850 motion without prejudice to be a nonappealable, nonfinal order

Summary of this case from Jefferies v. State
Case details for

R. Lee v. State

Case Details

Full title:Willie R. LEE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 27, 2006

Citations

939 So. 2d 154 (Fla. Dist. Ct. App. 2006)

Citing Cases

Barry v. Crews

without prejudice was not final appealable order); Christner v. State, 984 So. 2d 561, 562-63 (Fla. 2d DCA…

Peterson v. Jones

conviction motion without prejudice was not a final appealable order); Christner v. State, 984 So. 2d 561,…

28 Citing Cases