Jeffrey Morrill v. State of Florida

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.