JAMES LEE ANTHONY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, James Lee Anthony, challenges the trial court’s denial of his motion for postconviction relief. The trial court properly denied the appellant’s motion on all of the grounds that he ruled upon, and we, accordingly, affirm.
The court declined to rule on appellant’s contention that his sentence was illegal. Although this contention was raised in the appellant's motion, he had raised the identical argument in a separate motion to correct an illégal sentence. The motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), was pending before the trial court at the time the motion which is the subject of this appeal was ruled upon. The appellant will have an opportunity to appeal any adverse ruling entered in that matter once it is concluded.
Affirmed.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
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Ruth v. State, 635 So. 2d 1061 (Fla. 2d DCA 1994)…prior-filed appeal from a motion for postconviction relief was pending in this court. The trial court correctly recognized it did not have jurisdiction to rule on the merits of the motions during the pen-dency of the prior appeal. See Ross v. State, 598 So. 2d 149 (Fla. 2d DCA 1992); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla.1991). Accordingly, we affirm the trial court’s order without prejudice to the appellant’s refiling the motions for the trial court’s c…
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…nsider a postconviction motion because “there was pending in this court an appeal from another 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 a…1 / 2