CARLOS CABRERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-09-03
No. 93-02082
CAMPBELL, A.C.J., and PARKER and BLUE, JJ., concur.
623 So. 2d 825 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

[*826] PER CURIAM.

Appellant, Carlos Cabrera, appeals the denial of a motion for rehearing. Subséquent to filing the motion for rehearing, Cabrera filed a notice of appeal from the denial of the motion for post conviction relief to which the motion for rehearing is addressed.

Cabrera’s action in filing a notice of appeal divests the trial court of jurisdiction in this matter and is an effective abandonment of the motion for rehearing. See In re: Forfeiture of $104,591 in U.S. Currency, 589 So. 2d 283, 284-85 (Fla.1991).

Appeal dismissed.

CAMPBELL, A.C.J., and PARKER and BLUE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Moore v. State, 789 So. 2d 551 (Fla. 5th DCA 2001)
    …n for rehearing the next day (May 19), this second appeal was filed. By filing his notice of appeal before the trial court disposed of his motion for rehearing, the defendant abandoned that motion. Fla. R.App. P. 9.020(h)(3). See Cabrera v. State, 623 So. 2d 825 (Fla. 2d DCA 1993). APPEAL DISMISSED. SHARP, W., and SAWAYA, JJ., concur.…
  • Lamont Taylor v. State, 96 So. 3d 989 (Fla. 5th DCA 2012)
    …S, JJ., concur. . See Fla. R.App. P. 9.020; Caufield v. Cantele, 837 So. 2d 371, 376 n. 3 (Fla.2002). In addition, Taylor’s notice of appeal of his re-sentencing arguably constituted an abandonment of his motion for rehearing. Cf. Cabrera v. State, 623 So. 2d 825 (Fla. 2d DCA 1993).…
  • Kib B. Southers v. State, 961 So. 2d 992 (Fla. 2d DCA 2007)
    …earing and the postconviction court’s stay of that motion are nullities. The filing of the notice of appeal foreclosed any consideration by the postconviction court of the motion for rehearing either during or after the appeal. Cf. Cabrera v. State, 623 So. 2d 825 (Fla. 2d DCA 1993) (holding that defendant’s subsequent filing of notice of appeal was an abandonment of a pending motion for rehearing and divested the trial court of jurisdiction to consider it). Affirmed. WHATLEY and DAVIS, JJ., Concur.…

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