Florida District Courts of Appeal, 1998

Wilson v. State

Florida District Courts of Appeal · Decided January 2, 1998 · Dauksch, Harris, Sharp

705 So. 2d 614; 1998 Fla. App. LEXIS 14; 1998 WL 2496 (Southern Reporter, Second Series)

Concurring in Part

W. SHARP, Judge,

concurring in part, dissenting in part.

I would dismiss Wilson’s appeal from the trial court’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 8.850 because it was denied without prejudice to file a motion in compliance with rule 3.850. Thus, it is not *615final, and not reviewable by this court. See, e.g., Dept. of Professional Regulation v. Rentfast, Inc., 467 So.2d 486 (Fla. 5th DCA 1985).

I agree Wilson’s appeal from the denial of his motions to disqualify the trial court judge and prosecutors should be affirmed. The motion to disqualify the trial judge is legally insufficient and untimely. Fla. R. Jud. Admin. 2.160(e). The motion to disqualify the prosecutors is premature and legally insufficient.

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH and HARRIS, JJ., concur. W. SHARP, J., concurs in part, dissents in part with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.