JOHNSON v. STATE (2019)

District Court of Appeal of Florida, Second District.

Curtis T. JOHNSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4807

Decided: March 12, 2019

Petitioner has filed a petition for belated appeal seeking an appeal from the postconviction court's November 7, 2016, “order dismissing defendant's motion for postconviction relief,” which dismissed petitioner's motion, but gave him sixty days to file an amended motion. The November 7, 2016, order is a non-final, non-appealable order. Therefore, the instant petition for belated appeal is dismissed for entry of a final, appealable order resolving petitioner's postconviction motion. See Russell v. State, 46 So. 3d 151, 152 (Fla. 2d DCA 2010) (“[U]ntil a final order on the original postconviction motion is entered, we do not have jurisdiction to review interim orders and we must dismiss this appeal.”).

BY ORDER OF THE COURT:

NORTHCUTT, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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