Legal Opinion

Donaldson v. State

District Court of Appeal of Florida

Decided December 22, 2010No. 2D10-3062Published

1Opinion of the Court

LaROSE, Judge.

Henry Earl Donaldson appeals an order dismissing his motion for postconviction relief. See Fla. R.Crim. P. 3.850. The order specifically notes that the dismissal is without prejudice; it gives Mr. Donaldson thirty days to refile a facially sufficient motion. He did not do so. The order states that it is not appealable.

Mr. Donaldson also appeals a separate order denying him an extension of time to refile his motion for postconviction relief.

Neither order is appealable. Accordingly, we dismiss. See, e.g., Ham v. State, 36 So.3d 189 (Fla. 2d DCA 2010) (dismissing appeal because…

2Cases cited2 opinions

  1. Herron v. StateDistrict Court of Appeal of Florida · 2010
  2. Ham v. StateDistrict Court of Appeal of Florida · 2010

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