08-0704 FABIAN V. THOMPSON v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-0704

Case Date: 08/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

FABIAN V. THOMPSON, Appellant, v. STATE OF FLORIDA, Appellee. __________________________/

CASE NO. 1D08-0704

Opinion filed August 7, 2008. An appeal from the Circuit Court for Duval County. Michael R. Weatherby, Judge. Fabian V. Thompson, pro se, Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee.

PER CURIAM. Having considered the appellant's response to this Court's March 10, 2008, order, the Court has determined that the appellant has failed to demonstrate that the order denying the motion for enlargement of time to file a rule 3.850 motion is a final order or otherwise appealable nonfinal order. Cf. State v. Boyd, 846 So. 2d 458 (Fla. 2003) (addressing the merits of the trial court's ruling on a motion for enlargement of

time in the appeal of the denial of the appellant's rule 3.850 motion). For this reason the appeal is hereby dismissed. DISMISSED. WOLF, LEWIS, and ROBERTS, JJ., CONCUR.

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