Seeber v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2007 THOMAS SEEBER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-1624 [ May 23, 2007 ] PER CURIAM. Appellant filed, without reference to Florida Rule of Criminal Procedure 3.800(c), a motion simply titled Motion to Modify Sentence. The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional window expired, denied the motion for lack of jurisdiction. We dismiss the appeal as a non-appealable order. See State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004); Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987), rev. denied, 519 So. 2d 987 (Fla. 1988). GUNTHER, HAZOURI and MAY, JJ., concur. * * * Appeal of order denying rule 3.800(c) motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 05-1868. Arthur B. Brandt of Brandt & Gufford, Stuart, for appellant. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing

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