Opinion
No. 2D14–4330.
11-13-2014
Armando LOPEZ–CANADA, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
On October 21, 2014, this court received the circuit court order rendered October 15, 2014, which granted appellant's motion for reconsideration filed by counsel and also ordered the State to respond to appellant's amended motion for postconviction relief filed by counsel in the circuit court on September 30, 2014. This circuit court order explicitly states that it is not a final order.
Accordingly, upon consideration of appellant's response filed by counsel, this court's order to show cause dated October 24, 2014, is hereby discharged, but 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 disposing of the amended motion for postconviction relief.
Also, appellant does not have to file a status report as previously ordered on October 6, 2014.
KELLY, LaROSE, and KHOUZAM, JJ., Concur.