State appeals court Limited

State v. Korson

No. 2D2024-0807 (Fla. 2d DCA Mar. 26, 2025)

The State could not appeal an order removing a registrant from Florida’s registry.

Court
Florida Second District Court of Appeal
Decided
March 26, 2025
Reach
Florida’s Second District — now in conflict with the Fourth
Verified
September 30, 2026

Limited. The Fourth District expressly disagreed with Korson in FDLE v. Garcia (2026). The Florida Supreme Court declined to take up the question for lack of jurisdiction. Binds lower courts in its district or state until the state high court says otherwise.

What happened

A trial court granted Korson’s petition for removal from Florida’s registry, and the State appealed.

What the court decided

The Second District dismissed the appeal, holding that the State has no right to appeal such removal orders.

Why it matters to the Registry

Korson made removal orders in the Second District effectively final. The Florida Supreme Court denied review for lack of jurisdiction on February 10, 2026, and did the same in a second case, Perdomo, on August 14, 2026 — leaving the district courts split once Garcia came down.

What it did not decide

It decided who can appeal, not who is eligible for removal. The Florida Supreme Court’s orders turned down review without deciding the question.

Developments

  1. Second District dismisses the State’s appeal.

  2. Florida Supreme Court denies review for lack of jurisdiction (SC2025-0970).

  3. Florida Supreme Court declines a second State petition, in Perdomo (SC2025-1195).

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