Legal Opinion

Payton v. State

District Court of Appeal of Florida

Decided April 15, 2011No. 2D10-5862PublishedCited by 2 opinions

1Per curiam

Bruce E. Payton challenges the summary denial of his motion for leave to file a belated postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850. Because Payton’s appeal is from a nonfi-nal, nonappealable order, it is dismissed. See Manning v. State, 28 So.3d 971, 972 (Fla. 2d DCA 2010) (dismissing an appeal from an order denying a motion for extension of time to file a postconviction motion and holding that “the issue must be appealed after the filing and disposition of the postconviction motion”).

Payton shall have thirty days following the date that this opinion becomes…

2Cases cited3 opinions

  1. Manning v. StateDistrict Court of Appeal of Florida · 2010
  2. Ham v. StateDistrict Court of Appeal of Florida · 2010
  3. Payton v. StateDistrict Court of Appeal of Florida · 2010

3Cited by2 opinions

  1. Robert Nicholas Kovacs v. State of FloridaDistrict Court of Appeal of Florida · 2024
  2. Roy Allen Stephens v. State of FloridaDistrict Court of Appeal of Florida · 2026

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