07-1325 RONALD M. EDDINS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-1325

Case Date: 10/29/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RONALD M. EDDINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-1325

Opinion filed 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.

PER CURIAM. 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 appellant'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, nonfinal 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, nonfinal order); Williams v. State, 884 So. 2d 374 (Fla. 2d DCA 2004) (dismissal without prejudice renders an order nonfinal and nonappealable). DISMISSED. WOLF, THOMAS, and ROBERTS, JJ., CONCUR.

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