EARLIE DEFRENCH SANDERS v. STATE OF FLORIDA o/b/o MEGAN FORTNEY BYERLEY

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA EARLIE DEFRENCH SANDERS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-0979 STATE OF FLORIDA, o/b/o MEGAN FORTNEY BYERLEY, Appellee. ___________________________/ Opinion filed August 4, 2006. An appeal from the Circuit Court for Duval County. David C. Wiggins, Judge. Earlie Defrench Sanders, pro se, Appellant. Charlie Crist, Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee; Patricia L. Parker, Jacksonville, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of June 19, 2006, the Court has determined that the order expressly identified in the appellant s notice of appeal, the January 11, 2006, Order Denying Motion for Appointment of Counsel, is not an appealable order. Accordingly, the appeal is hereby dismissed for lack of jurisdiction. However, the Court notes the appellant s earlier appeal of the October 10, 2005, Order on Defendant s Motion to Vacate, in case number 1D05-5521, which was dismissed for failure to pay the filing fee. To the extent that the appellant is seeking review of the earlier order, this dismissal is without prejudice to the appellant to move to reinstate the earlier appeal. ERVIN, WEBSTER, and THOMAS, JJ., CONCUR. 2

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