Opinion
No. 2D13–738.
2013-08-29
Eric Leroy RAYNER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This court's order to show cause dated July 31, 2013, is hereby discharged, but this appeal is dismissed for lack of jurisdiction because there is no final circuit court order for review. See Surinach v. State, 110 So.3d 95 (Fla. 2d DCA 2013); Ham v. State, 72 So.3d 309 (Fla. 2d DCA 2011); Ham v. State, 36 So.3d 189 (Fla. 2d DCA 2010); Libertelli v. State, 775 So.2d 339 (Fla. 2d DCA 2000).
Appellant filed his notice of appeal after the State's response to an order to show cause but before the circuit court 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 all of appellant's claims raised in the postconviction motion still under consideration by the circuit court.