MARK C. HARRIS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-11-04
No. 2025-2886
Simon, J., Roberts, J., Nordby, J., Neff, J.
2026 FL 14734 Florida District Court of Appeal, First District (2026)

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Holding

An order denying a Rule 3.800(a) claim without prejudice is nonfinal and not appealable.


Headnotes

[1] An order denying a Rule 3.800(a) claim without prejudice lacks finality and is not appealable.

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Facts & Procedural History

Harris appealed from a circuit court order in Escambia County that denied one of his Rule 3.800(a) claims without prejudice.…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

MARK C. HARRIS, Appellant,

V.

STATE OF FLORIDA, Appellee.

No. 1D2025-2886

On appeal from the Circuit Court for Escambia County. John F. Simon, Jr., Judge.

November 4, 2026

PER CURIAM.

Because the circuit court denied without prejudice one of Appellant's rule 3.800(a) claims, the order below is nonfinal and not appealable. DISMISSED. See Shelley v. State, 993 So. 2d 93 (Fla. 1st DCA 2008) (finding order lacked finality because the circuit court struck one of the claims as legally insufficient).

ROBERTS, NORDBY, and NEFF, JJ., concur.


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