White v. State
This text of 450 So. 2d 556 (White 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
Scott Dale WHITE, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
ORDER OF DISMISSAL
PER CURIAM.
This appeal is from an order summarily denying several points in a motion to vacate *557 a judgment and sentence filed under Rule 3.850, Florida Rules of Criminal Procedure. The trial court has not disposed of the remaining point in the Rule 3 motion but an evidentiary hearing has been scheduled thereon.
Thus, the question arises as to the appealability of an order partially disposing of a Rule 3 motion. If this were purely a civil case, such a partial order would not be appealable unless it disposed of claims unrelated to the remaining claims.[1] An order or judgment is not considered final until it disposes of all the issues presented. The same policies against allowing piecemeal appeals[2] apply here. We see no reason not to apply this principle to orders entered on Rule 3 motions.
If appellant's remaining point is denied, he may raise all issues on appeal from the final order. This appeal is hereby DISMISSED.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
NOTES
[1] See Mendez v. West Flagler Assoc., Inc., 303 So.2d 1 (Fla. 1974) and SLT Warehouse v. Webb, 304 So.2d 97 (Fla. 1974).
[2] See Haddad, Partial `Final' Judgments A Persistent Problem in Appellate Practice, 53 Fla.B.J. 204 (1979).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
450 So. 2d 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-fladistctapp-1984.