MARCIA WHITE v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARICA WHITE, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D04-3727 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed October 18, 2004. An appeal from the Circuit Court for Alachua County. Robert P. Cates, Judge. Appellant, pro se. Charlie Christ, Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant appeals the denial of her postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant s motion raises five issues and the trial court s order only disposes of four of them, this Court is without jurisdiction. See Edler v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)(holding that an order is not a final appealable order until it disposes of all the issues presented below). Therefore, we dismiss the appeal without prejudice to appeal a final order disposing of all the issues raised by the appellant below. AFFIRMED. DAVIS, BROWNING, and HAWKES, JJ., CONCUR. 2

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