RANDALL T. PRATER v. JAMES R. McDONOUGH

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RANDALL T. PRATER, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D05-5697 JAMES R. McDONOUGH , Appellee. _____________________________/ Opinion filed July 13, 2006. An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge. Appellant Randall T. Prater, pro se. Charles J. Crist, Jr., Attorney General, and Joe Belitzky, Sr. Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant Prater appeals the trial court s order directing the clerk of courts to forward a certified copy of an underlying appealable order to the New River Correctional Institution pursuant to section 944.279(1), Florida Statutes (2004). We find such an order to be a non-appealable, non-final order. See, e.g., Yasir v. Hancock, 868 So. 2d 670 (Fla. 2d DCA 2004) (defendant seeking review of trial court s recommendation of sanctions under section 944.279 appealed the order that found his pleading frivolous, not the order directing the court to forward the written findings). Accordingly, this appeal is DISMISSED for a lack of jurisdiction. KAHN, C.J., WEBSTER and HAWKES, JJ., CONCUR. 2

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