Legal Opinion

Moore v. State

District Court of Appeal of Florida

Decided November 10, 2010No. 2D10-3188PublishedCited by 2 opinions

1Opinion of the Court

ALTENBERND, Judge.

Seadrick Moore appeals an order dismissing his timely motion for postconviction relief that was filed pursuant to Florida Rule of Criminal Procedure 3.850. The order dismissed his motion with leave to file an amended motion within thirty days, and then informed him that he also had the right to appeal the order within thirty days. Mr. Moore chose to appeal the order and this court does not know whether he also filed an amended motion.

This court has previously held that it is improper to inform a defendant of a right to appeal when the order is a nonfinal order authorizing an…

2Cases cited4 opinions

  1. Hughes v. StateDistrict Court of Appeal of Florida · 2009
  2. Schwenn v. StateDistrict Court of Appeal of Florida · 2007
  3. Basse v. StateSupreme Court of Florida · 1999
  4. Wooten v. StateDistrict Court of Appeal of Florida · 2010

3Cited by2 opinions

  1. Al-Hakim v. StateDistrict Court of Appeal of Florida · 2012
  2. Wilson v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2021

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