From Casetext: Smarter Legal Research

Gowins v. State

District Court of Appeal of Florida, Fifth District
Nov 17, 1995
662 So. 2d 1348 (Fla. Dist. Ct. App. 1995)

Summary

holding that an order granting in part and denying in part a motion for postconviction relief is not appealable

Summary of this case from Elder v. State

Opinion

No. 95-2591.

November 17, 1995.

Appeal from the Circuit Court, Brevard County, Jere E. Lober, J.

Henry A. Gowins, Wewahitchka, pro se.

No Appearance for Appellee.


Gowins appeals from the trial court's order which granted in part and denied in part his rule 3.850 motion for post-conviction relief. We dismiss for lack of jurisdiction.

The trial court's order granted partial relief and set a hearing to be held October 2, 1995, to consider Gowins' claim of ineffective assistance of counsel. At this point we do not know whether the hearing was held. However, any ruling made by the court was without jurisdiction because of the instant appeal.

In an identical situation, the court in White v. State, 450 So.2d 556, 557 (Fla. 2d DCA 1984), dismissed an appeal from an order denying in part and granting in part a 3.850 motion, on the ground that such an order is not appealable:

[T]he question 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. An order or judgment is not considered final until it disposes of all the issues presented. The same policies against allowing piecemeal appeals apply here. We see no reason not to apply this principle to orders entered on Rule 3 motions. (footnotes omitted)
See also Stewart v. State, 647 So.2d 219 (Fla. 2d DCA 1994).

DISMISSED.

DAUKSCH and GOSHORN, JJ., concur.


Summaries of

Gowins v. State

District Court of Appeal of Florida, Fifth District
Nov 17, 1995
662 So. 2d 1348 (Fla. Dist. Ct. App. 1995)

holding that an order granting in part and denying in part a motion for postconviction relief is not appealable

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

Gowins v. State

Case Details

Full title:HENRY GOWINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 17, 1995

Citations

662 So. 2d 1348 (Fla. Dist. Ct. App. 1995)

Citing Cases

Taylor v. State

The appellate courts of this state uniformly agree that the common postconviction orders which summarily deny…

Taylor v. State

The appellate courts of this state uniformly agree that the common postconviction orders which summarily deny…