MARICA WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2004-10-18
No. 1D04-3727
DAVIS, BROWNING, and HAWKES, JJ., Concur.
886 So. 2d 248 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

[*249] PER CURIAM.

The appellant appeals the denial of her postconvietion motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant’s motion raises five issues and the trial court’s order only disposes of four of them, this Court is without jurisdiction. See Edler v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)(holding 'that an order is not a final appealable order until it disposes of all the issues presented below). Therefore, we dismiss the appeal without prejudice to appeal a final order disposing of all the issues raised by the appellant below.

AFFIRMED.

DAVIS, BROWNING, and HAWKES, JJ., Concur.


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  • Pressley v. State, 69 So. 3d 1039 (Fla. 1st DCA 2011)
    …n. This court does not have jurisdiction to review a postconviction order that does not dispose of all claims raised below. See Lake v. State, 53 So. 3d 1125 (Fla. 1st DCA 2011); Magwood v. State, 937 So. 2d 1187 (Fla. 1st DCA 2006); White v. State, 886 So. 2d 248 (Fla. 1st DCA 2004); Edler v. State, 673 So. 2d 970 (Fla. 1st DCA 1996). Accordingly, we dismiss this appeal without prejudice to appellant filing an appeal once the trial court has rendered a final order disposing of his fourteenth claim. DISMISS…

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