MATTHEW L. FAISON
v.
STATE OF FLORIDA, VERELL MARTIN
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A motion to alter or amend judgment is not an appealable order under Florida Rules of Appellate Procedure, and an untimely appeal of the underlying dismissal order cannot proceed.
[1] An order denying a motion to alter or amend judgment is not an appealable order under Fla. …
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Join FLexlaw to unlock all legal intelligenceMatthew L. Faison, a pro se appellant, filed a motion on November 6, 2018, following a Circuit Court dismissal order. The trial court denied Faison's …
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December 14, 2018 PER CURIAM.
Appellant’s motion, filed on November 6, 2018, is treated as a response to the Court’s order of October 26, 2018. Upon consideration of the response, the Court has determined that the order denying Appellant’s motion to alter or amend judgment is not an appealable order. Fla. R. App. P. 9.130(a)(4). To the extent that Appellant may be seeking review of the underlying Order of Dismissal, the appeal is untimely. Fla. R. App. P. 9.020(i); see Pennington v. Waldheim, 669 So. 2d 1158, 1160 (Fla. 5th DCA 1996).
DISMISSED.
WOLF, KELSEY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Matthew L. Faison, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Leslie A. Healer, Assistant Attorney General, Tallahassee, for Appellees.
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Citator
Cited By
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Schroll v. Schroll (Fla. 1st DCA 2019)
Authorities Cited
- Pennington v. Eddie C. Waldheim, Jr., M.D., 669 So. 2d 1158 (Fla. 5th DCA 1996)