HEARNS v. STATE (2019)

District Court of Appeal of Florida, Second District.

Joshua HEARNS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-2637

Decided: July 25, 2019

Appellant's motion to dismiss this appeal is granted only to the extent as specified in this order. Appellant filed in the circuit court a motion for postconviction relief. The circuit court entered a nonfinal order which did not dispose of all the claims raised. Appellant then attempted to amend the filed motion but that motion to amend was denied. The circuit court has not yet rendered a final order disposing of all of appellant's claims.

Accordingly, this appeal is dismissed for lack of jurisdiction because there is no final circuit court order for review. See Libertelli v. State. 775 So. 2d 339 (Fla. 2d DCA 2000). However, this dismissal is without prejudice to appellant's right to file a timely notice of appeal once the circuit court enters a final appealable order disposing of all of appellant's claims which are raised by the motion for postconviction relief currently under consideration by the circuit court.

BY ORDER OF THE COURT:

LaROSE, BLACK, and LUCAS, JJ., Concur.

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