Legal Opinion

Russell v. State

District Court of Appeal of Florida

Decided October 22, 2010No. 2D10-102PublishedCited by 5 opinions

1Opinion of the Court

DAVIS, Judge.

Jeffrey W. Russell challenges the post-conviction court order striking his motion to reinstate his original postconviction motion and supplemental motion. Because a final, appealable postconviction order has not been rendered, we dismiss the appeal.

Russell filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Concluding that the motion was facially insufficient, the postcon-viction court entered an order dismissing it without prejudice to Russell filing an amended motion. The order also failed to set forth a reasonable time limit within…

2Cases cited5 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Christner v. StateDistrict Court of Appeal of Florida · 2008
  3. Herron v. StateDistrict Court of Appeal of Florida · 2010
  4. Havens v. StateDistrict Court of Appeal of Florida · 2010
  5. Brown v. StateDistrict Court of Appeal of Florida · 2010

3Cited by5 opinions

  1. Wyndel R. Hall v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019
  2. Richard Michael Morris v. Secretary, Florida Department of COrrectionsCourt of Appeals for the Eleventh Circuit · 2021
  3. Gosney v. StateDistrict Court of Appeal of Florida · 2011
  4. LAMONT J. DAVIS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  5. Wyndel R. Hall v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019

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