Filed: Sep. 15, 2021
Latest Update: Sep. 16, 2021
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-2291
_____________________________
JEFFREY MORRILL,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Belated Appeal—Original Jurisdiction.
September 15, 2021
PER CURIAM.
Petitioner seeks belated appeal of an order striking an
amended postconviction motion with leave to file a second
amended motion. This order is not a final, appealable order. See
Shelley v. State, 993 So. 2d 93 (Fla. 1st DCA 2008); Howard v.
State,
976 So. 2d 635, 636 (Fla. 5th DCA 2008) (“If leave to amend
has been given by the trial court, a defendant may not appeal until
he has obtained a denial of the motion that does not include leave
to amend.”). Accordingly, the Court denies the petition for belated
appeal on the merits.
KELSEY, NORDBY, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Deana Marshall of the Law Office of Deana K. Marshall, P.A.,
Riverview, for Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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