Opinion
CASE NO.: 2D16–1652
12-14-2016
Caleem Darnell LARONDE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT:
This appeal from a nonfinal, nonappealable order is dismissed for lack of jurisdiction. The postconviction court's March 22, 2016, order, which is cited in Appellant's notice of appeal and which denied his motion for rehearing on the postconviction court's February 15, 2016, order, is not independently reviewable. Grant v. Jones, 933 So. 2d 32, 33 (Fla. 1st DCA 2006). In addition, the postconviction court's February 15, 2016, order is nonfinal and nonappealable because it reserved ruling on and dismissed without prejudice several of Appellant's claims for postconviction relief. See Freeman v. State, 94 So. 3d 591 (Fla. 2d DCA 2012). Moreover, Appellant's notice of appeal filed on April 1, 2016, is untimely as to the February 15, 2016, order because his motion for rehearing of that order did not stay its rendition. Bodkin v. Sweeney, 805 So. 2d 847, 847 (Fla. 2d DCA 2001).
Our dismissal is without prejudice to Appellant's filing a timely notice of appeal once the postconviction court enters a final, appealable order disposing of all of Appellant's claims raised in his motions for postconviction relief. See Freeman, 94 So. 3d at 591. Dismissed for lack of jurisdiction.
CASANUEVA, KELLY, and CRENSHAW, JJ., Concur.