KNIGHT v. FLORIDA DEPARTMENT OF CORRECTIONS (2020)

District Court of Appeal of Florida, First District.

Paul E. KNIGHT, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Florida State Prison, and Brett Gillespie, Appellees.

No. 1D19-3358

Decided: May 08, 2020

Paul E. Knight, pro se, Appellant. Kenneth S. Steely, General Counsel, and Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellees.

Dismissed. See Banks v. State, 916 So. 2d 35, 35 (Fla. 1st DCA 2005) (dismissing appeal for lack of jurisdiction because, like “an order denying indigency status, an interlocutory order granting indigency status and imposing a lien on a prisoner's trust account for payment of court costs and fees is not an immediately appealable order”); Brown v. Campion, 757 So. 2d 535, 536 (Fla. 1st DCA 2000) (converting certiorari petition back to an appeal and dismissing for lack of jurisdiction because an order denying a request for indigent status in a civil case is not appealable, either as a final order or as a non-final order listed in Fla. R. App. P. 9.130). This dismissal is without prejudice to Mr. Knight's right to seek review of any order on his indigency status upon a final disposition in his underlying case. See Banks, 916 So. 2d at 35. All pending motions are hereby denied as moot.

Per Curiam.

Roberts, Nordby, and Tanenbaum, JJ., concur.

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