Tajhon Wilson v. State of Florida

Summary

The Third District Court of Appeal of Florida dismissed Tajhon Wilson’s petition for a belated appeal for lack of jurisdiction. The court held that the petition did not seek review of a lower-court order and could not be used to lift a sanction order or obtain review of a successive postconviction motion in the first instance.

Holdings

1. Florida Rule of Appellate Procedure 9.141(c) was inapplicable because Wilson was not seeking leave to file a belated appeal from a lower-court order.
2. The appellate court lacked jurisdiction to grant relief because there was no written order from the lower court for the appellate court to review.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.141(c) authorized a belated appeal when Wilson was not seeking review of a lower-court order.
2. Whether the Third District had jurisdiction to lift a trial-court sanction order or entertain a successive post-conviction motion in the first instance when no lower-court written order existed.

Disposition

dismissed