WILLIE EARL WALKER, APPELLANT,

v.

PAMELA L. WALKER, APPELLEE

Citator

Cited By

• Robertson v. State, 862 So. 2d 102 (Fla. 2d DCA 2003)
  …lacks jurisdiction to rule on a postconviction motion when a direct appeal is pending, the case law has recognized that a trial court has jurisdiction to resolve a motion when the appeal relates to an earlier postconviction motion, Ottesen v. State, 844 So. 2d 753 (Fla. 2d DCA 2003), or to an issue such as sexual predator designation, Clark v. State, 720 So. 2d 1097 (Fla. 2d DCA 1998). If the postconviction motion is unrelated to the matters on appeal and could not affect the order that is pending in the appe…
• Cross v. State, 930 So. 2d 863 (Fla. 2d DCA 2006)
  …matter will not deprive trial courts of jurisdiction so long as the issues raised in the two cases are unrelated.” Jones v. State, 787 So. 2d 35, 36 (Fla. 2d DCA 2001); see also Hartley v. State, 927 So. 2d 1030 (Fla. 2d DCA 2006); Ottesen v. State, 844 So. 2d 753 (Fla. 2d DCA 2003); Ali v. State, 732 So. 2d 481 (Fla. 2d DCA 1999). On the other hand, we have recognized that trial courts lack jurisdiction to consider the merits of a defendant’s rule 3.850 motion while the direct appeal of the defendant’s judgm…
• Kris A. Dennard v. State, 920 So. 2d 197 (Fla. 2d DCA 2006)
  …f his rule 3.850 motion was pending before this court and his rule 3.800(a) motion raised the same issue as the rule 3.850 motion. We conclude the postconviction court did have jurisdiction because the issues were not the same. See Ottesen v. State, 844 So. 2d 753 (Fla. 2d DCA 2003) (noting that if the issues raised in the postconviction motion filed with the trial court are unrelated to the issues raised by the postconviction motion on appeal, the trial court is not deprived of jurisdiction). Reversed and…

Authorities Cited

• Shields v. Colonial Penn Ins. Co., 513 So. 2d 1363 (Fla. 5th DCA 1987)