GRIFFIN
v.
STATE OF FLORIDA
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An order dismissing a motion to correct illegal sentence without prejudice is not a final, appealable order and therefore divests the appellate court of jurisdiction.
[1] An order dismissing a postconviction motion without prejudice is a nonappealable, nonfinal order that divests the appellate court of jurisdiction.
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Join FLexlaw to unlock all legal intelligence“Because such an order is not a final, appealable order, this cause is dismissed for lack of jurisdiction.”
The court's explanation for dismissing the appeal.
Appellant Clarence Griffin, III filed a motion to correct an illegal sentence. The circuit court dismissed the motion without prejudice.…
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DISMISSED. The circuit court dismissed without prejudice Appellant’s motion to correct illegal sentence. Because such an order is not a final, appealable order, this cause is dismissed for lack of jurisdiction. See Lee v. State, 939 So. 2d 154, 155 (Fla. 1st DCA 2006) (finding order dismissing postconviction motion without prejudice to be a nonappealable, nonfinal order). LEWIS, ROWE, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.