Eddins v. State
This text of 994 So. 2d 429 (Eddins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Ronald M. EDDINS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
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 *430 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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994 So. 2d 429, 2008 WL 4722498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddins-v-state-fladistctapp-2008.