WALKER v. STATE (2019)

District Court of Appeal of Florida, Second District.

Carlos D. WALKER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-3032

Decided: September 26, 2019

On September 11, 2019, appellant's counsel Attorney Keith W. Upson filed a status report stating that the postconviction court on August 29, 2019, rendered an order granting a rehearing of the final circuit court order under judicial review in this appeal thereby mooting this appeal. 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.

BY ORDER OF THE COURT:

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

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