Mark Williams, Appellant, v. Ricky D. Dixon, Secretary, Florida Department of Corrections, Appellee. (2024)

District Court of Appeal of Florida, First District.

Mark Williams, Appellant, v. Ricky D. Dixon, Secretary, Florida Department of Corrections, Appellee.

No. 1D2024-1774

Decided: December 04, 2024

Mark Williams, pro se, Appellant. Ashley Moody, Attorney General, and Brandon M. Elyakim, Assistant Attorney General, Tallahassee, for Appellee.

Because the order on appeal merely grants a motion to dismiss but does not actually dismiss the action, it is neither a final order nor an appealable non-final order. See Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995). Accordingly, the appeal is dismissed for lack of jurisdiction. This dismissal is without prejudice to the appellant's right to file a timely notice of appeal once a final order has been rendered.

Per Curiam.

Lewis, Ray, and Bilbrey, JJ., concur.

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