DANIEL JACKSON, v. SANTA ROSA C.I. (MAIN-UNIT) PROPERTY ROOM STAFF

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DONNIE JACKSON, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-6804 SANTA ROSA C.I. (MAINUNIT) PROPERTY ROOM STAFF, Appellee. _____________________________/ Opinion filed August 10, 2012. An appeal from the Circuit Court for Santa Rosa County. Marci L. Goodman, Judge. Donnie Jackson, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Donnie Jackson ( Appellant ) appeals an order dismissing his Motion to Prosecute for failure to pay the required filing fee or apply for indigent status under section 57.085, Florida Statutes. The dismissal is without prejudice, however, and the order gives Appellant 45 days to either pay the fee or seek indigent status. For this reason, the order is non-final. Only those non-final orders specified in Florida Rule of Appellate Procedure 9.130(a)(3) can be appealed. The order at issue here is not among those included in the rule. Therefore, this appeal is premature, and we lack jurisdiction to consider it. See Brown v. Campion, 757 So. 2d 535, 536 (Fla. 1st DCA 2000). We therefore dismiss the appeal. But we do so without prejudice to allow Appellant to file a notice of appeal once the trial court renders a final order disposing of his case below. DISMISSED. THOMAS, WETHERELL, and MARSTILLER, JJ., CONCUR. 2

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