Leger v. State

Paul LEGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 14, 2002.

District Court of Appeal of Florida · decided 2002-06-14

Cited by 3 later decisions — most recently April 2014

3 state decisions

Relies on Gowins v. State · Cervino v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-14

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¶1Paul Leger, Tavares, pro se.

¶2No Appearance for Appellee.

¶3PLEUS, J.

¶4This is an appeal from a non-final order denying some of Leger's grounds contained in his 3.850 motion, but scheduling an evidentiary hearing as to one ground. As such, the appeal is premature and unauthorized. See Gowins v. State, 662 So.2d 1348 (Fla. 5th DCA 1995). Therefore, the appeal is dismissed sua sponte for lack of jurisdiction. See Cervino v. State, 785 So.2d 631 (Fla. 5th DCA 2001). Of course, this is without prejudice to Leger to appeal once the trial court disposes of the 3.850 motion with finality.

¶5DISMISSED.

¶6SHARP, W., and ORFINGER, R.B., JJ., concur.