Opinion
CASE NO.: 2D19-3032
09-26-2019
Carlos D. WALKER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT:
On September 11, 2019, appellant's counsel Attorney Keith W. Upson filed a status report stating that the postconviction court on August 29, 2019, rendered an order granting a rehearing of the final circuit court order under judicial review in this appeal thereby mooting this appeal. Accordingly, this appeal is dismissed for lack of jurisdiction because there is no final circuit court order to review. See Libertelli v. State. 775 So. 2d 339 (Fla. 2d DCA 2000). However, this dismissal is without prejudice to appellant's right to file a timely notice of appeal once the circuit court enters a final appealable order.
KELLY, MORRIS, and BADALAMENTI, JJ., Concur.