Legal Opinion

Pillajo v. State

District Court of Appeal of Florida

Decided May 11, 2011No. 2D10-4260PublishedCited by 3 opinions

1Per curiam

Richard Pillajo appeals an order dismissing his motion for postconviction relief *566filed pursuant to Florida Rule of Criminal Procedure 8.850. We dismiss this appeal because we lack jurisdiction. Neither the dismissal of a motion filed pursuant to rule 3.850 with leave to refile nor the denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) is appealable. See Williams v. State, 884 So.2d 374, 375 (Fla. 2d DCA 2004) (explaining that dismissing a pleading with leave to amend “renders the order nonfinal and nonap-pealable”); Riggs v. State, 847 So.2d 1037, 1038 (Fla. 1st…

2Cases cited2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 2004
  2. Riggs v. StateDistrict Court of Appeal of Florida · 2003

3Cited by3 opinions

  1. Spaulding v. StateDistrict Court of Appeal of Florida · 2012
  2. Cochran v. StateDistrict Court of Appeal of Florida · 2012
  3. Nalord James Marc v. State of FloridaDistrict Court of Appeal of Florida · 2026

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