Summary
holding that an order which disposed of only two of three issues raised in postconviction motion was not a final appealable order
Summary of this case from Frazier v. StateOpinion
No. 95-3865.
May 28, 1996.
Appeal from the Circuit Court for Escambia County; Nancy Gilliam, Judge.
Barry J. Edler, pro se, for Appellant.
No appearance for Appellee.
Barry J. Edler (Edler) appeals the denial of his first motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Edler's motion raises three issues; the order before us disposes of only two.
An order is not a final appealable order until it disposes of all the issues presented below. McCoy v. State, 487 So.2d 1095 (Fla. 1st DCA 1986); White v. State, 450 So.2d 556 (Fla. 2d DCA 1984) (holding that an order summarily denying several, but not all, points in a motion to vacate a judgment and sentence is not appealable); see also Ferguson v. State, 647 So.2d 1076 (Fla. 5th DCA 1994) (dismissing without prejudice, citing White); cf. Gowins v. State, 662 So.2d 1348 (Fla. 5th DCA 1995) (holding that an order granting in part and denying in part a motion for postconviction relief is not appealable).
We therefore dismiss the appeal, without prejudice to appeal an order disposing of all the issues raised by Edler below.
ALLEN, MICKLE and LAWRENCE, JJ., concur.