Opinion
No. 4D09-1602.
May 26, 2010.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J.
Richard L. Rosenbaum of Arnstein Lehr, LLP, Fort Lauderdale, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.
Gregory Farnworth appeals the trial court's order that summarily denied his rule 3.850 motion. Three of the points were denied "without prejudice." Spera v. State, 971 So.2d 754 (Fla. 2007). However, the order provided that Farnworth had thirty days to file an appeal. No provision was made to permit an amended filing.
We reverse the order on appeal and remand for the entry of a non-final order that gives Mr. Farnworth reasonable time to attempt to amend those points. See Lawrence v. State, 987 So.2d 157 (Fla. 2d DCA 2008). Should Farnworth fail to amend, the trial court may enter a final order disposing of all claims.
Reversed and remanded.
POLEN, DAMOORGIAN and LEVINE, JJ., concur.