Opinion
No. 1D07-1325.
October 29, 2008.
An Appeal from the Circuit Court for Escambia County. Linda Nobles, Judge.
Ronald M. Eddins, pro se, Appellant.
Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.
Having considered the appellant's response to this Court's show cause order, dated June 30, 2008, we dismiss this appeal. The trial court's order does not appear to be final as it treated the appellants's motion as a rule 3.850 motion and dismissed it without prejudice to file a proper rule 3.850 motion. Therefore, the trial court's order is a nonappealable, non-final order. See Lee v. State, 939 So.2d 154, 155 (Fla. 1st DCA 2006) (holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable, non-final order); Williams v. State, 884 So.2d 374 (Fla. 2d DCA 2004) (dismissal without prejudice renders an order non-final and nonappealable).
DISMISSED.
WOLF, THOMAS, and ROBERTS, JJ., concur.