DAVID LUBIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2012-05-23
No. 4D12-1069
WARNER, DAMOORGIAN and CONNER, JJ., concur.
87 So. 3d 1260 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 3 cases
Topics
Rule 3.850 Motion For Post-Conviction Relief Rule 3.850 Motion For Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant challenges the dismissal of his rule 3.850 motion for postconviction relief as premature. The trial judge concluded that she lacked jurisdiction to entertain the postconviction motion, in light of appellant’s pending appeal of the denial of a prior rule 3.850 motion. In light of our recent en banc opinion in Jackman v. State, 88 So.3d 325 (Fla. 4th DCA 2012), we reverse. See id. (“We adopt the rationale of Bryant [v. State, — So.3d—, 2012 WL 28713 (Fla. 2d DCA 2012)] and ... hold that a trial court has authority to consider or to defer ruling and stay a subsequently filed postconviction motion that raises unrelated issues, notwithstanding the pendency of an appeal of an order on a previously filed postconviction motion.”).

Reversed and remanded.

WARNER, DAMOORGIAN and CONNER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Marshall v. State, 91 So. 3d 277 (Fla. 4th DCA 2012)
    …tconviction relief. The judge concluded that he lacked jurisdiction to entertain the postconviction motion, in light of Marshall’s pending appeal of a prior rule 3.850 motion. We reverse and remand in light of our recent decisions in Lubin v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012), and Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012). As outlined in Lubin, through Jackman we adopted the rationale of Bryant v. State, — So. 3d -, 2012 WL 28713 (Fla. 2d DCA 2012), and held that a trial court has authority…
  • Sydoriak v. State, 92 So. 3d 298 (Fla. 4th DCA 2012)
    …PER CURIAM. The order striking appellant’s postcon-viction motion is reversed and remanded for the trial court to consider this court’s opinion in Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012). See also Lubin v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012). Reversed and Remanded. MAY, C.J., POLEN and DAMOORGIAN, JJ., concur.…
  • Abdelaziz Hamze v. State, 150 So. 3d 1230 (Fla. 4th DCA 2014)
    …ending appeal of a prior rule 3.850 motion. We reverse and remand for the trial court to consider this court’s opinions in Marshall v. State, 91 So. 3d 277 (Fla. 4th DCA 2012), Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012), and Lubin v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012); see also Sydoriak v. State, 92 So. 3d 298 (Fla. 4th DCA 2012). As in those cases, we express no opinion on the merits of appellant’s, motion. Reversed and Remanded. WARNER, GROSS and CIKLIN, JJ., concur.…

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