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KOVACS v. STATE (2024)

District Court of Appeal of Florida, Fourth District.2024-08-21No. No. 4D2023-2983

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Opinion

Robert Kovacs appeals the circuit courts order denying his motion for extension of time to file a Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We join our sister courts and conclude the denial of a motion for extension of time to file a rule 3.850 motion for postconviction relief is not an appealable final order. See, e.g., Gonzales v. State, 350 So. 3d 108 (Fla. 3d DCA 2022); Criner v. State, 59 So. 3d 196, 196-97 (Fla. 1st DCA 2011); Payton v. State, 58 So. 3d 933, 933 (Fla. 2d DCA 2011). If necessary, the denial of a motion to extend time can be reviewed on appeal of the final order deciding the postconviction motion. As a result, we dismiss the appeal.

Appeal dismissed.

Per Curiam.

Warner, Gerber and Kuntz, JJ., concur.