Seeber v. State

956 So.2d 1240 (2007) Thomas SEEBER, Appellant, v. STATE of Florida, Appellee. No. 4D07-1624. District Court of Appeal of Florida, Fourth District. May 23, 2007. Arthur B. Brandt of Brandt & Gufford, Stuart, for appellant. No appearance required for appellee. 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.