Jason Wells v. State of Florida

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2025-1897
LT Case No. 2022-CF-000263-A
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JASON WELLS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.
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3.850 Appeal from the Circuit Court for Sumter County.
Mary P. Hatcher, Judge.

Jason Wells, Madison, pro se.

James Uthmeier, Attorney General, Tallahassee, and Roberts J.
Bradford, Jr., Assistant Attorney General, Daytona Beach, for
Appellee.

June 26, 2026

PER CURIAM.

Appellant Jason Wells appeals the trial court’s dismissal
without prejudice of his Rule 3.850 post-conviction motion. In its
order, the trial court allowed Wells thirty days to file a legally
sufficient amended motion.
Because the trial court’s dismissal was without prejudice to
file an amended motion, it is a non-final non-appealable order. See
Young v. State, 398 So. 3d 1133, 1133 (Fla. 5th DCA 2024).
Accordingly, we dismiss this appeal without prejudice for want of
jurisdiction. Wells may file an amended Rule 3.850 motion within
sixty days of the date on which this Court’s opinion becomes final.
See Fla. R. Crim. P. 3.850(h)(2), (m).

DISMISSED WITHOUT PREJUDICE.

WALLIS, HARRIS, and SOUD, JJ., concur.

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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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