JASON DANIEL TAYLOR
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The majority affirmed the order denying Taylor's motion to refute the accuracy of court transcripts without addressing the merits.
[1] An order denying a motion regarding court transcripts in a pending Rule 3.850 postconviction relief proceeding is not a final or appealable nonfinal order when the underl…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceTaylor, proceeding pro se, filed a motion challenging the accuracy of written transcripts from a recorded court proceeding. The motion was filed in co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Finality Of Orders cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JASON DANIEL TAYLOR,
Appellant,
v. Case No. 5D20-318
STATE OF FLORIDA,
Appellee.
________________________________/
Decision filed January 15, 2021
Appeal from the Circuit Court for Lake County,
G. Richard Singeltary, Judge.
Jason Daniel Taylor, Tavares, pro se.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED.
EVANDER, C.J., and EDWARDS, J., concur. SASSO, J., dissents, with opinion.
2
5D20-0318 SASSO, J., dissenting. Appellant, Jason Daniel Taylor, appeals from an order denying his “Motion Refuting the Accuracy of the Written Transcripts from the Original Recorded Court Proceeding.” Appellant alleges the transcript at issue is relevant to his pending motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. However, the postconviction court has not disposed of Appellant’s 3.850 motion, as it is pending an evidentiary hearing. Accordingly, we lack jurisdiction to hear this appeal because the order denying Appellant’s motion is neither a final order nor an appealable nonfinal order. See Fla. R. Crim. P. 9.140; State v. Gaines, 770 So. 2d 1221, 1223–24 (Fla. 2000) (“[T]he test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”) (citation omitted). Further, even if treated as a petition for writ of certiorari, Appellant has failed to allege irreparable harm necessary to meet the jurisdictional threshold for review. See, e.g., Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998). Consequently, I would dismiss this case for lack of jurisdiction.