Gernard D. Chestnut vs Department of Corrections

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D21-2974 _____________________________ GERNARD D. CHESTNUT, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee. _____________________________ On appeal from the County Court for Leon County. Augustus D. Aikens, Judge. November 9, 2022 PER CURIAM. Mr. Chestnut has attempted to appeal what appears to be the trial court’s ostensible grant of the department’s motion to dismiss. The document containing court minutes, attached to the notice of appeal, is not a rendered order reviewable on appeal, so this appeal is premature. See Fla. R. App. P. 9.020(f) (“excluding minutes and minute book entries” from the definition of “order”); id. (h) (defining “rendition” as the filing of a “signed, written order” with the trial court clerk); Fla. R. App. P. 9.110(b) (providing for “rendition of the order to be reviewed” as the point when the 30day period in which to file notice of appeal begins to run); id. (l) (allowing for dismissal of an appeal as premature if it is “filed before rendition of a final order”). DISMISSED. RAY, KELSEY, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Gernard D. Chestnut, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee. 2

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