GERNARD CHESTNUT v. DEPARTMENT OF CORRECTIONS (2022)

District Court of Appeal of Florida, First District.

GERNARD D. CHESTNUT, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee.

No. 1D21-2974

Decided: November 09, 2022

Gernard D. Chestnut, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee.

Mr. Chestnut has attempted to appeal what appears to be the trial court's ostensible grant of the department's motion to dismiss. The document containing court minutes, attached to the notice of appeal, is not a rendered order reviewable on appeal, so this appeal is premature. See Fla. R. App. P. 9.020(f) (“excluding minutes and minute book entries” from the definition of “order”); id. (h) (defining “rendition” as the filing of a “signed, written order” with the trial court clerk); Fla. R. App. P. 9.110(b) (providing for “rendition of the order to be reviewed” as the point when the 30-day period in which to file notice of appeal begins to run); id. (l) (allowing for dismissal of an appeal as premature if it is “filed before rendition of a final order”).

DISMISSED.

PER CURIAM.

RAY, KELSEY, and TANENBAUM, JJ., concur.

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