Opinion
No. 2D16–141.
02-10-2016
Robert Earl DAVIS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
The transmitted summary record for this appeal contains a circuit court order rendered December 3, 2015, which granted appellant's motion for rehearing, reinstated a previously denied motion for postconviction relief, and ordered appellant to amend the motion for postconviction relief. This circuit court order explicitly states that it is not a final order.
Accordingly, appellant's motion to dismiss this appeal without prejudice is granted in part and this appeal is dismissed for lack of jurisdiction because there is no longer a 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 notice of appeal once the circuit court enters a final appealable order.
ALTENBERND, NORTHCUTT, and CRENSHAW, JJ., Concur.