Background
Shakeel Charles, proceeding pro se, appealed from the Circuit Court for Bay County, where Judge Timothy A. Register had denied his request for an extension of time to file a postconviction motion.
The State was represented on appeal by the Florida Attorney General’s Office. The First District resolved the appeal in a brief per curiam opinion.
The Court’s Holding
The First District Court of Appeal dismissed Charles’s appeal. Relying on Stephens v. State, 426 So. 3d 1274 (Fla. 1st DCA 2026), the court held that an order denying a request for additional time to file a postconviction motion is nonfinal and not appealable.
Because the circuit court’s order was not an appealable final order, the appellate court did not reach the merits of Charles’s request for more time or any underlying postconviction claims.
Key Takeaways
- An order denying additional time to file a postconviction motion is nonfinal under First District precedent.
- Such an order is not independently appealable.
- The court dismissed the appeal without addressing the merits of any postconviction claim.
Why It Matters
The decision reinforces the jurisdictional limit identified in Stephens: litigants cannot obtain immediate appellate review of an order merely denying an extension of the deadline to file a postconviction motion.