MODESTO RODRIQUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Modesto Rodriquez appeals the summary denial of a motion for postconviction relief which was filed and considered while an appeal from a previously filed motion was pending in this court. We affirm the order of denial because the trial court was without jurisdiction when it considered the motion. State v. Meneses, 392 So. 2d 905 (Fla.1981); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla.1991). The appeal that was pending at the time of the denial of the motion under review in this appeal has now been determined in appellant’s favor. Because the motion under review in this appeal contains essentially the same allegations as the prior motion, we note that any subsequently filed motion making similar allegations would be needless.
SCHOONOVER, C.J., and PARKER and PATTERSON, JJ., concur.
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D.F. v. Dep't OF Revenue ex rel. L.F., 736 So. 2d 782 (Fla. 2d DCA 1999)…rnal grandparents, the grandparents are not parties whose interest in the subject matter is such that a complete and efficient determination of the equities and rights of the other parties is not possible without their joinder.2 See Allman v. Wolfe, 592 So. 2d 1261 (Fla. 2d DCA 1992). The child support guidelines were properly calculated without the grandparents’ join-der based upon the incomes of the two parents responsible for the support of the child, and any information they possessed regarding special nee…
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Dep't OF Revenue v. James (Willie) Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004)…e subject matter is such that if he is not joined a complete and efficient determination of the equities and rights between the other parties is not possible.” Amerada Hess Corp. v. Morgan, 426 So. 2d 1122, 1125 (Fla. 1st DCA 1983); Allman v. Wolfe, 592 So. 2d 1261, 1263 (Fla. 2d DCA 1992). These paternity cases seek to determine the man who has a legal duty to support [*1059] the children involved. See § 409.2564(1), Fla. Stat. (2002) (requiring Department of Revenue to institute “action as is necessary to s…
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…motion in the same case.” In fact, most, if not all of our decisions from 1984 to the early 1990s followed the rule announced in Gobie. See Ross v. State, 598 So. 2d 149, 149 (Fla. 2d DCA 1992) (adopting the holding in Braxton); Rodriquez v. State, 592 So. 2d 1261, 1261 (Fla. 2d DCA 1992) (adopting the holding in Braxton, though noting that the two motions raised essentially the same allegations); Ruth, 635 So. 2d at 1061 (holding no trial court jurisdiction during pending postconviction appeal, citing Braxto…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)
- Brown v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990)