TERRY v. STATE (2019)

District Court of Appeal of Florida, Second District.

Herbert Lee TERRY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-3425

Decided: September 26, 2019

The circuit court by an order rendered August 19, 2019, required the State to respond to appellant's motion to correct jail credit by October 18, 2019. However, appellant on August 27, 2019, turned over to jail officials a notice of appeal before the State responded and without the circuit court having rendered a final order disposing of the motion to correct jail credit.

Accordingly, this appeal is dismissed for lack of jurisdiction because there is no final circuit court order to 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 appellant's motion to correct jail credit still under consideration by the circuit court.

BY ORDER OF THE COURT:

KELLY, MORRIS, and BADALAMENTI, JJ., Concur.

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