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662 So. 2d 1348

Docket No. 95-2591.

Gowins v. State

Henry GOWINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 17, 1995.

District Court of Appeal of Florida · decided 1995-11-17

Key passage — most relied on by later courts

“[T]he question [arises] as to the ap-pealability of an order partially disposing of a Rule 3 motion. If this were purely a civil case, such a partial order would not be appealable unless it disposed of claims unrelated to the remaining claims. An order or judgment is not considered final until it disposes of all the issues presented. The same policies against allowing piecemeal appeals apply here. We see no reason not to apply this principle to orders entered on Rule 3 motions. (footnotes omitted)[.]”

quoted by 2 later decisions, including Cervino v. State, Taylor v. State

Relies on White v. State · 647 So. 2d 219 - Stewart v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-11-17

How this case has been cited

Cited by 10 later decisions — most recently August 2012

10 state decisions

70199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*1349 Henry A. Gowins, Wewahitchka, pro se.

¶2No Appearance for Appellee.

¶3W. SHARP, Judge.

¶4Gowins appeals from the trial court's order which granted in part and denied in part his rule 3.850 motion for post-conviction relief. We dismiss for lack of jurisdiction.

¶5The trial court's order granted partial relief and set a hearing to be held October 2, 1995, to consider Gowins' claim of ineffective assistance of counsel. At this point we do not know whether the hearing was held. However, any ruling made by the court was without jurisdiction because of the instant appeal.

¶6In an identical situation, the court in White v. State,450 So.2d 556, 557 (Fla. 2d DCA 1984), dismissed an appeal from an order denying in part and granting in part a 3.850 motion, on the ground that such an order is not appealable:

[T]he question as to the appealability of an order partially disposing of a Rule 3 motion. If this were purely a civil case, such a partial order would not be appealable unless it disposed of claims unrelated to the remaining claims. An order or judgment is not considered final until it disposes of all the issues presented. The same policies against allowing piecemeal appeals apply here. We see no reason not to apply this principle to orders entered on Rule 3 motions. (footnotes omitted)

¶7See also Stewart v. State,647 So.2d 219 (Fla. 2d DCA 1994).

¶8DISMISSED.

¶9DAUKSCH and GOSHORN, JJ., concur.

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