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EDWARD DEVINE v. STATE OF FLORIDA

Citation: Not availableDocket: 21-1823

Court: District Court of Appeal of Florida; November 23, 2021; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Edward Devine appealed an order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, which denied his motion under Rule 3.800. The appeal was heard by the District Court of Appeal of Florida, Fourth District, with the decision rendered on November 24, 2021. The court affirmed the lower court's order, with Chief Judge Conner and Judges May and Artau concurring. The ruling is not final until any timely filed motion for rehearing is disposed of.

Legal Issues Addressed

Affirmation of Lower Court Decision

Application: The District Court of Appeal of Florida affirmed the decision of the lower court, indicating agreement with the Circuit Court's ruling.

Reasoning: The court affirmed the lower court's order, with Chief Judge Conner and Judges May and Artau concurring.

Appeal of Denial under Rule 3.800

Application: The case involves Edward Devine's appeal of a Circuit Court order denying his motion under Rule 3.800, which pertains to correcting or reducing a sentence.

Reasoning: Edward Devine appealed an order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, which denied his motion under Rule 3.800.

Finality of Appellate Decisions

Application: The decision of the appellate court is not considered final until any motions for rehearing are resolved, allowing for potential further review.

Reasoning: The ruling is not final until any timely filed motion for rehearing is disposed of.