CHARLES BOOKER
v.
THE STATE OF FLORIDA
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Charles Booker appealed from a trial court order that fully granted his motion to clarify his sentence, correcting the Department of Corrections' erroneous consecutive-running designation to the proper concurrent-running designation. The appellate court dismissed the appeal because the order was not adverse to Booker and therefore not appealable.
The court held that Booker could not appeal from an order that was not adverse to him and fully granted all requested relief.
[1] An order granting all relief requested by a party is not adverse to that party and therefore is not appealable.
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Join FLexlaw to unlock all legal intelligence“The Department of Corrections' website showed that Charles Booker's sentences were running consecutively, not concurrently—as it was ordered.”
Establishes the factual error that prompted Booker's motion to clarify
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Join FLexlaw to unlock all legal intelligenceThe Department of Corrections' website incorrectly showed that Charles Booker's sentences were running consecutively rather than concurrently as order…
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PER CURIAM.
The Department of Corrections’ website showed that Charles Booker’s sentences were running consecutively, not concurrently—as it was ordered.
As a result, Charles Booker filed a motion to clarify his sentence under Florida Rule of Criminal Procedure 3.800. While the trial court initially denied the motion, it eventually granted Booker all the relief he requested. It clarified Booker’s sentence accordingly and the issue was corrected.
Nevertheless, Booker filed an appeal with this Court seeking review of the order fully granting his requested relief. Because the order was not adverse to him, we hereby dismiss the appeal. See Credit Indus. Co. v. Remark Chem. Co., 67 So. 2d 540, 541 (Fla. 1953); Earl v. State, 276 So. 3d 359, 361 (Fla. 1st DCA 2019), approved, 314 So. 3d 1253 (Fla. 2021).
Dismissed.
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Harris v. State, 403 So. 3d 354 (Fla. 3d DCA 2025)…order granting the relief requested. Nevertheless, Harris filed an appeal with this court seeking review of the order fully granting his requested relief. Because the order was not adverse to him, we hereby dismiss the appeal. See Booker v. State, 400 So. 3d 716, 717 (Fla. 3d DCA 2024) (first citing Credit Indus. Co. v. Remark Chem. Co., 67 So. 2d 540, 541 (Fla. 1953); and then citing Earl v. State, 276 So. 3d 359, 361 (Fla. 1st DCA 2019), approved, 314 So. 3d 1253 (Fla. 2021)).1 1 For the first time on ap…
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Harman v. Yonder Alonso (Fla. 3d DCA 2025)…W “When reviewing an order on a petition to relocate, an appellate court is limited to an abuse of discretion review based on whether the statutory findings made by the trial court are supported by competent, substantial evidence.” Cruz v. Morales, 400 So. 3d 716 (Fla. 3d DCA 2024) (quoting Mignott v. Mignott, 337 So. 3d 408, 410 (Fla. 3d DCA 2021)). “[H]owever, the question of whether the trial court properly applied the relocation statute is a matter of law, reviewed de novo.” Sanabria v. Sanabria, 271 S…
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- Rivas v. Prof'l Prot. & Investigations Agency, Inc. (Fla. 3d DCA 2023)
- Elliott Vargas v. State, 188 So. 3d 915 (Fla. 5th DCA 2016)
- Marquan M. Tate v. State, 323 So. 3d 856 (Fla. 4th DCA 2021)