ANTHONY MURO v. STATE OF FLORIDA (2023)

District Court of Appeal of Florida, First District.

ANTHONY G. MURO, Appellant, v. STATE OF FLORIDA, Appellee.

No. 1D22-2233

Decided: August 16, 2023

Anthony G. Muro, pro se, Appellant. Ashley Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.

Among the issues Appellant raised in his post-conviction motion was an argument that the drug-sniffing dog was unreliable. The lower tribunal failed to address this issue, which renders the order denying Appellant's post-conviction motion non-final and non-appealable. In this posture, we lack jurisdiction and must dismiss this appeal. See Fla. R. Crim. P. 3.850(f)(8)(c) (“The order issued after the evidentiary hearing shall resolve all the claims raised in the motion and shall be considered the final order for purposes of appeal.”) (emphasis added); Fla. R. Crim. P. 3.850(f)(4) (“An order that does not resolve all the claims is a nonfinal, nonappealable order, which may be reviewed when a final, appealable order is entered.”); Bachman v. State, 253 So. 3d 1250, 1250 (Fla. 1st DCA 2018) (dismissing appeal from order that failed to resolve all issues raised in post-conviction motion). We express no opinion on this or any other issue Appellant has raised.

DISMISSED.

PER CURIAM.

ROBERTS, RAY, and KELSEY, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network