WILLIAM MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Abandonment Of Motion cases and more on FLexlaw
GRIFFIN, J.
The defendant appeals the order denying rehearing after denying his Rule 3.850 motion. -We dismiss the appeal.
Defendant was convicted of strong arm robbery and burglary. He filed a Rule 3.850 motion, which raised four grounds, and filed a supplement to that motion. On April 30, the trial court denied the defendant’s rule 3.850 motion (and its supplement). On May 8, he moved for rehearing. On May 18, although his motion for rehearing had not been ruled upon, he appealed (Case No. 01-1811). That appeal is pending. When the court denied the motion 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carter v. State, 929 So. 2d 1161 (Fla. 5th DCA 2006)…rule 3.850 motion. When a defendant files a notice of appeal before the trial court disposes of his postconviction motion, the defendant is deemed to have abandoned his motion. Hankerson v. State, 879 So. 2d 71 (Fla. 5th DCA 2004); Moore v. State, 789 So. 2d 551, 552 (Fla. 5th DCA 2001). Here, the trial court’s order is a nullity because the court lacked jurisdiction to enter the order while the appeal of the same subject matter was pending in this court.1 See Fla. R.App. P. 9.600; Rivera v. State, 913 So.…
-
Rivera v. State, 913 So. 2d 769 (Fla. 5th DCA 2005)…he trial court. AFFIRMED. GRIFFIN, SAWAYA and ORFINGER, JJ., concur. . By filing his notice of appeal before the trial court disposed of that motion, Rivera abandoned his motion for reconsideration. See Fla. R.App. P. 9.020(h)(3); Moore v. State, 789 So. 2d 551 (Fla. 5th DCA 2001).…
-
Moore v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002)…tion relief, pursuant to Florida Rule of Criminal Procedure 3.850. As the circuit court points out, Moore previously filed a motion pursuant to rule 3.850, which was denied by that court and the denial was affirmed by this court. See Moore v. State, 789 So. 2d 551 (Fla. 5th DCA 2001). Further, Moore does not allege here that the two grounds he now asserts relating to ineffective assistance of counsel were not known and could not have been known to him at the time of the earlier motion. Thus, this motion is su…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cabrera v. State, 623 So. 2d 825 (Fla. 2d DCA 1993)