ERNEST ZINNERMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court’s order rendered May 31, 1996, denying Zinnermon’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a) is affirmed. Zinnermon filed his notice of appeal of the order on Juné 21,1996. On July 1,1996, the trial court entered an order denying Zinner-mon’s motion for rehearing, which included a ground not alleged in his prior motion for postconviction relief. He wishes us now to review the July 1, 1996, order denying his motion for rehearing.
The trial court was without jurisdiction to enter the order since it was divested of jurisdiction in the matter upon Zinnermon’s filing of the notice of appeal on June 21. Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA), rev. denied, 480 So. 2d 1294 (Fla.1985). Accordingly, while we do not review that order, Zinnermon may raise the new issue by a proper posteonviction motion.
Affirmed.
DANAHY, A.C.J., and CAMPBELL and BLUE, JJ., concur.
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Lebron v. State, 100 So. 3d 132 (Fla. 5th DCA 2012)…enlargement. On April 5, this court issued an order deeming the notice of appeal to be appealing the denial of the rule 3.850 motion itself. Thus, on March 21, the trial court lost jurisdiction over the rule 3.850 proceeding. See Zinnermon v. State, 685 So. 2d 893, 893 (Fla. 2d DCA 1996). On April 7, the defendant delivered to prison officials a motion for rehearing of the denial of his rule 3.850 motion. On May 11, the trial court entered an order denying the motion for rehearing and summarily denying ground…
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Havens v. State, 27 So. 3d 803 (Fla. 2d DCA 2010)…vens did file an amended motion, which was ultimately denied. However, the circuit court lacked jurisdiction to consider the amended motion after Havens filed his notice of appeal, albeit prematurely. See Fla. R.App. P. 9.600(a); Zinnermon v. State, 685 So. 2d 893 (Fla. 2d DCA 1996). As in Christner, we elect to relinquish jurisdiction to the circuit court for thirty days for the court to enter a final order encompassing all of Havens’ claims. The circuit court clerk shall immediately sup [*805] plement the…
Authorities Cited
- Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA 1985)