MIAKKAR L. BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Miakkar L. Brown appeals the summary denial of his rule 3.850 motion for postconviction relief. We vacate the order because an appeal of Brown’s original conviction was pending when the trial court entered the order of denial.1 The state concedes that the trial court loses jurisdiction to rule on a motion for postconviction relief during the pendency of the defendant’s direct appeal. See Daniels v. State, 712 So.2d 765, 765 (Fla.1998). Once jurisdiction is returned to the trial court upon the issuance of the mandate in the direct appeal (Case No. 4D10-1566), the trial court will be authorized to rule on the postconviction motion.
Order vacated.
MAY, C.J., WARNER and TAYLOR, JJ., concur.
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Hoffman v. Melodie Joy Hoffman, 98 So. 3d 196 (Fla. 2d DCA 2012)…hly income is the equivalent of earning in the U.S. $3,000 per month. Child support awards must be based upon competent, substantial evidence of a party’s net income. Vanzant v. Vanzant, 82 So. 3d 991, 993 (Fla. 1st DCA 2011); see Warren v. Warren, 84 So. 3d 461, 461 (Fla. 2d DCA 2012). Here, there is no evidence in the record supporting the trial court’s “pro rata ratio-type” determination that the former husband’s monthly income was $3000. Nor is there any indication that the court imputed income to the f…
Authorities Cited
- Daniels v. State, 712 So. 2d 765 (Fla. 1998)