STEPHEN LOUIS RUTH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hulick v. State, 644 So. 2d 117 (Fla. 2d DCA 1994)
  …e of Criminal Procedure 3.850. At the time Mr. Hulick filed his motion, he had pending before this court an appeal from an earlier denial of a similar motion. Thus, the trial court was correct in dismissing Mr. Huliek’s latest motion. Ruth v. State, 635 So. 2d 1061 (Fla. 2d DCA 1994). Accordingly, as in Ruth, we affirm the trial court’s order without prejudice to Mr. Hulick’s refiling the motion after jurisdiction again vests in the trial court. Affirmed. DANAHY, A.C.J., and PATTERSON and LAZZARA, JJ., con…
• Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)
  …ying Mr. Bryant’s previous motion was still pending on appeal, the postconviction court dismissed the second motion for lack of jurisdiction. In fairness to the postconviction court, its ruling was supported by our case law. See e.g., Ruth v. State, 635 So. 2d 1061, 1061 (Fla. 2d DCA 1994). Mr. Bryant has now appealed this second order. II. The Development of Two Competing Lines of Cases Addressing Trial Court Jurisdiction over Post-conviction Motions During the Pendency of Postconviction Appeals When Florid…

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• Smith v. State, 675 So. 2d 1039 (Fla. 1st DCA 1996)
  …PER CURIAM. AFFIRMED. Ruth v. State, 635 So. 2d 1061 (Fla. 2d DCA 1994). ALLEN, MICKLE and LAWRENCE, JJ., concur.…

Authorities Cited

• Brown v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990)
• Ross v. State, 598 So. 2d 149 (Fla. 2d DCA 1992)
• Anthony v. State, 598 So. 2d 149 (Fla. 2d DCA 1992)