78 So. 3d 706
Fla. Dist. Ct. App.2012Background
- Jones appeals a May 3, 2010 judgment and sentence and a July 16, 2010 judgment and sentence; the May 3 judgment resolved counts one and two and the July 16 judgment resolved counts one through three after severance; notice of appeal was filed July 28, 2010
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal from May 3 judgment | Jones asserts May 3 order final and appealable | State argues timeliness per Rule 9.140(b)(3) after final judgment | May 3 appeal untimely; review limited to July 16 judgment |
| Is May 3 judgment a final, appealable order | May 3 was not final since count three remained pending | Criminal finality follows Rule 9.140 timing, not interrelated counts | May 3 judgment not appealable as final order |
| Alternative belated appeal | Requests belated appeal due to untimeliness | Belated appeal petition lacking proper oath and specificity | Denied as petition for belated appeal; not prima facie |
| Effect of severed count on appeal timing | No mechanism to time the appeal around severed counts | Rule 9.140 governs timing regardless of severed counts | Timing starts after final judgment and within 30 days of written sentence order |
Key Cases Cited
- Fox v. District Court of Appeal, 553 So.2d 161 (Fla.1989) (timing begins when sentence is pronounced and signed)
- S.L.T. Warehouse Co. v. Webb, 304 So.2d 97 (Fla.1974) (interrelated claims/partial final judgments non-appealable)
- Hernando County v. Leisure Hills, Inc., 648 So.2d 257 (Fla. 5th DCA 1994) (partial final judgments when damages unresolved)
- Welch v. Resolution Trust Corp., 590 So.2d 1098 (Fla. 5th DCA 1991) (final summary judgment on one count in multi-count case not appealable)