Summary
holding that circuit court's order finding petitioner's claims in his Rule 3.850 motion facially insufficient and dismissing motion without prejudice to re-file facially sufficient motion is "a nonappealable, nonfinal order"
Summary of this case from Allen v. JonesOpinion
No. 1D06-3102.
September 27, 2006.
An appeal from the Circuit Court for Taylor County. James R. Bean, Judge.
Willie R. Lee, pro se, Appellant.
Charlie Crist, Attorney General, Tallahassee, for Appellee.
Having considered the appellant's response to this Court's order, dated August 9, 2006, we dismiss this appeal. The trial court found the appellant's claims in his rule 3.850 motion facially insufficient and dismissed the motion without prejudice to refile a facially sufficient motion. Rowe v. State, 932 So.2d 1291 (Fla. 2d DCA 2006). Therefore, the trial court's order is a nonappealable, nonfinal order. Williams v. State, 884 So.2d 374 (Fla. 2d DCA 2004).
DISMISSED.
ALLEN, WEBSTER, and DAVIS, JJ., concur.