SCOTT HASEMEIER v. JAMES R. McDONOUGH, SECRETAY, FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SCOTT HASEMEIER, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-2256 JAMES R. MCDONOUGH, SECRETARY, FLORIDA D E P A R T M E N T O F CORRECTIONS, Appellee. ___________________________/ Opinion filed July 20, 2006. An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge. Scott Hasemeier, pro se, Appellant. Rosa Carson, General Counsel, Department of Corrections; Charlie Crist, Attorney General, and Linda Horton Dodson, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of June 6, 2006, the Court has determined that the order on appeal is reviewable by motion filed pursuant to Florida Rule of Appellate Procedure 9.430 in the appellate proceeding that precipitated the order rather than by separate appeal. Wagner v. McDonough, 31 Fla. Law Weekly D1222 (Fla. 1st DCA May 2, 2006). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. ALLEN, DAVIS, and THOMAS, JJ., CONCUR. 2

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