CURTIS L. ROBINSON
v.
STATE OF FLORIDA
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An order denying postconviction discovery is not independently appealable and may only be reviewed on appeal from a final order disposing of the motion for postconviction relief.
[1] An order denying postconviction discovery is not an independently appealable order under Florida Rule of Appellate Procedure 9.140(b)(1) but may be reviewed on appeal fro…
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Join FLexlaw to unlock all legal intelligence“The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1).”
Court's reasoning for dismissal
Appellant Curtis L. Robinson sought postconviction discovery from the State of Florida. The circuit court denied his request for postconviction discov…
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April 25, 2018 PER CURIAM.
This appeal is dismissed for lack of jurisdiction. The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1). See Bond v. State, 206 So. 3d 850 (Fla. 1st DCA 2016) (dismissing appeal and noting order denying postconviction discovery is reviewable on appeal from final order disposing of motion for postconviction relief).
LEWIS, ROBERTS, and JAY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bond v. State, 206 So. 3d 850 (Fla. 1st DCA 2016)