Opinion
No. 2D11–6537.
2012-07-17
Damien FREEMAN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This court's order to show cause dated June 7, 2012, is hereby discharged, but 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); Cooper v.. State, 667 So.2d 932 (Fla. 2d DCA 1996); Diaz v. State, 686 So.2d 679 (Fla. 3d DCA 1996).
Even though the circuit court had only denied some of appellant's claims, appellant filed a notice of appeal before the currently scheduled evidentiary hearing has been held. Consequently, the circuit court has not yet disposed of all of appellant's claims.
However, this dismissal is without prejudice to appellant filing a timely notice of appeal once the circuit court enters a final appealable order disposing of appellant's claims raised in the postconviction motion still under consideration by the circuit court.
Appellant's motion “to stay proceedings and or 180 day continuance” is denied as moot.