Florida District Courts of Appeal, 2012

Jackson v. Santa Rosa C.I. (Main-Unit) Property Room Staff

Florida District Courts of Appeal · Decided August 10, 2012 · Marstiller, Thomas, Wetherell

94 So. 3d 676; 2012 WL 3239940; 2012 Fla. App. LEXIS 13322 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Lemuel L. Cooper v. Judge James M. Colaw (Fla. Dist. Ct. App. 2024)

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Opinion of the Court

PER CURIAM.

Donnie Jackson (“Appellant”) appeals an order dismissing his “Motion to Prosecute” for failure to pay the required filing fee or apply for indigent status under section 57.085, Florida Statutes. The dismissal is without prejudice, however, and the order gives Appellant 45 days to either pay the fee or seek indigent status. For this reason, the order is non-final.

Only those non-final orders specified in Florida Rule of Appellate Procedure *6779.180(a)(3) can be appealed. The order at issue here is not among those included in the rule. Therefore, this appeal is premature, and we lack jurisdiction to consider it. See Brown v. Campion, 757 So.2d 535, 536 (Fla. 1st DCA 2000). We therefore dismiss the appeal. But we do so without prejudice to allow Appellant to file a notice of appeal once the trial court renders a final order disposing of his case below.

DISMISSED.

THOMAS, WETHERELL, and MARSTILLER, JJ., concur.

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