Callaghan v. State

ALTENBERND, Judge.

Daniel Callaghan appeals an order entered by the trial court in his criminal case to resolve motions filed several years after this court affirmed the judgment and sentence on appeal. Callaghan v. State, 939 So.2d 100 (Fla. 2d DCA 2006) (table decision). We dismiss the appeal because the order is a nonfinal order not entitled to review.

Our record is very sparse. However, it appears that on May 27, 2008, Mr. Callaghan filed a “Motion for Judge to Act as Seventh Juror” and a motion for new trial. On October 27, 2008, the trial judge denied the unusual motion asking him to sit…