TRAVIS D. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TRAVIS D. SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
997 So. 2d 507
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Travis Smith appeals the trial court’s order denying a motion for leave to amend his rule 3.850 motion. Because the trial court entered the subject order while a motion for rehearing was pending and before mandate issued in Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008), it lacked jurisdiction, and its order is a nullity. See Carter v. State, 929 So. 2d 1161, 1162 (Fla. 5th DCA 2006); Hankerson v. State, 879 So. 2d 71, 72 (Fla. 5th DCA 2004).
Accordingly, we vacate the trial court’s order and dismiss the appeal. We remind the court that it is still under a mandate to rule on appellant’s motion.
ORDER VACATED and APPEAL DISMISSED.
PLEUS, EVANDER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Algie Scott v. State, 156 So. 3d 9 (Fla. 5th DCA 2014)…er 30th issuance of the mandate. Second, he submits that the portions of the record attached by the trial court did not, in fact, conclusively refute ground one of his rule 3.850 motion. Scott’s jurisdiction argument has merit. See Smith v. State, 997 So. 2d 507 (Fla. 5th DCA 2008) (holding that trial court lacked jurisdiction to enter order before mandate issued). The trial court lacked jurisdiction to enter the amended order until December 30, 2013, the date the mandate was issued. As reluctant as we are…
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Martin v. State, 159 So. 3d 382 (Fla. 5th DCA 2015)…ial court’s ruling. The attached record clearly refutes Martin’s ineffective assistance claim. However, the trial court lacked jurisdiction to enter its order before issuance of the mandate in Martin’s original rule 8.850 appeal. See Smith v. State, 997 So. 2d 507, 507 (Fla. 5th DCA 2008) (holding that order was nullity because trial court lacked jurisdiction to enter order before mandate issued). Accordingly, we reverse and remand for the trial court to re-enter the order. REVERSED and REMANDED. SAWAYA,…
Authorities Cited
- Carter v. State, 929 So. 2d 1161 (Fla. 5th DCA 2006)
- Hankerson v. State, 879 So. 2d 71 (Fla. 5th DCA 2004)
- Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008)
- Matthews v. State, 987 So. 2d 724 (Fla. 5th DCA 2008)