Jason Wells, Appellant, v. State of Florida, Appellee. (2026)

District Court of Appeal of Florida, Fifth District.

Jason Wells, Appellant, v. State of Florida, Appellee.

Case No. 5D2025-1897

Decided: June 26, 2026

Jason Wells, Madison, pro se. James Uthmeier, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

Appellant Jason Wells appeals the trial court's dismissal without prejudice of his Rule 3.850 post-conviction motion. In its order, the trial court allowed Wells thirty days to file a legally sufficient amended motion.

Because the trial court's dismissal was without prejudice to file an amended motion, it is a non-final non-appealable order. See Young v. State, 398 So. 3d 1133, 1133 (Fla. 5th DCA 2024). Accordingly, we dismiss this appeal without prejudice for want of jurisdiction. Wells may file an amended Rule 3.850 motion within sixty days of the date on which this Court's opinion becomes final. See Fla. R. Crim. P. 3.850(h)(2), (m).

Dismissed Without Prejudice.

Per Curiam.

Wallis, Harris, and Soud, JJ., concur.

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