Opinion
No. 2D13–4517.
02-12-2014
Julius Jamall NIXON, Appellant/Petitioner(s), v. STATE Of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
After consideration of appellant's response received February 10, 2014, this court's order to show cause dated January 22, 2014, is hereby discharged, but this appeal is dismissed for lack of jurisdiction. The circuit court order under judicial review is a nonfinal, nonappealable order.
A portion of the circuit court order under judicial review dismissed appellant's motion in part without prejudice to any right appellant has to seek appropriate relief. This part of the court order is a nonfinal, nonappealable order under the authority of Pillaio v. State, 60 So.3d 565 (Fla. 2d DCA 2011), and Lee v. State, 939 So.2d 154 (Fla. 1st DCA 2006).
The remainder of the circuit court order denied appellant's request for an extension of time to file a belated motion for postconviction relief. This part of the court order is a nonfinal, nonappealable order under the authority of this court's prior opinions in Ham v. State, 36 So.3d 189 (Fla. 2d DCA 2010), and Manning v. State, 28 So.3d 971 (Fla. 2d DCA 2010). Pursuant to Ham and Manning, appellant shall have 60 days from the date of this order to file a rule 3.850 motion for postconviction relief. Once the motion is filed, the circuit court will determine the issue of timeliness as outlined by the case law and can then dispose of the motion on the merits, if appropriate.
SILBERMAN, VILLANTI, and WALLACE, JJ., Concur.