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Chestnut v. Dep't of Corr.

Florida Court of Appeals, First District
Nov 9, 2022
No. 1D21-2974 (Fla. Dist. Ct. App. Nov. 9, 2022)

Opinion

1D21-2974

11-09-2022

Gernard D. Chestnut, Appellant, v. Department of Corrections, Appellee.

Gernard D. Chestnut, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the County Court for Leon County. Augustus D. Aikens, Judge.

Gernard D. Chestnut, pro se, Appellant.

Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM

Mr. Chestnut has attempted to appeal what appears to be the trial court's ostensible grant of the department's motion to dismiss. The document containing court minutes, attached to the notice of appeal, is not a rendered order reviewable on appeal, so this appeal is premature. See Fla. R. App. P. 9.020(f) ("excluding minutes and minute book entries" from the definition of "order"); id. (h) (defining "rendition" as the filing of a "signed, written order" with the trial court clerk); Fla. R. App. P. 9.110(b) (providing for "rendition of the order to be reviewed" as the point when the 30-day period in which to file notice of appeal begins to run); id. (1) (allowing for dismissal of an appeal as premature if it is "filed before rendition of a final order").

DISMISSED.

RAY, KELSEY, and TANENBAUM, JJ., concur.


Summaries of

Chestnut v. Dep't of Corr.

Florida Court of Appeals, First District
Nov 9, 2022
No. 1D21-2974 (Fla. Dist. Ct. App. Nov. 9, 2022)
Case details for

Chestnut v. Dep't of Corr.

Case Details

Full title:Gernard D. Chestnut, Appellant, v. Department of Corrections, Appellee.

Court:Florida Court of Appeals, First District

Date published: Nov 9, 2022

Citations

No. 1D21-2974 (Fla. Dist. Ct. App. Nov. 9, 2022)