Vazquez v. State

LaROSE, Judge.

Eduardo Vazquez appeals an order striking his motion for postconviction relief because it contained an insufficient oath. See Fla. R.Crim. P. 3.850(e); Scott v. State, 464 So.2d 1171, 1172 (Fla.1985); Welch v. State, 946 So.2d 649, 650 (Fla. 2d DCA 2007). We dismiss the appeal for lack of jurisdiction.

The postconviction court struck Mr. Vazquez’s motion without prejudice to refile a properly sworn motion within sixty days. This is not a final order. See Havens v. State, 27 So.3d 803, 804 (Fla. 2d DCA 2010); Christner v. State, 984 So.2d 561, 562-63 (Fla. 2d DCA 2008). However,…