Armey v. State
This text of 125 So. 3d 165 (Armey v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
John M. Armey appeals a nonfinal order dismissing without prejudice his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The nonfinal order grants Armey thirty days to file a “properly sworn” motion. In his motion for rehearing filed with the postconviction court, Armey states he will not file another amended motion and a review of the circuit court docket establishes that Armey has not filed another motion. We recognize that, pursuant to Christner v. State, 984 So.2d 561 (Fla. 2d DCA 2008), we must first relinquish jurisdiction for the entry of a final, appealable order before we can address the merits of the postconvietion court’s decision.
Accordingly, we relinquish jurisdiction to the postconviction court with instructions to enter a final order within thirty days. See Christner, 984 So.2d at 563.
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Cite This Page — Counsel Stack
125 So. 3d 165, 2010 WL 2696451, 2010 Fla. App. LEXIS 10019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armey-v-state-fladistctapp-2010.