LARRY MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Larry Marshall seeks review of an order that dismissed his rule 3.850 motion for postconviction 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 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. As in Jackman, we *278express no opinion on the merits of Marshall’s motion.
Reversed and remanded.
MAY, C.J., WARNER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Abdelaziz Hamze v. State, 150 So. 3d 1230 (Fla. 4th DCA 2014)…0 motion. The trial court ruled that it lacked jurisdiction to consider the motion in light of appellant’s pending 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 o…
Authorities Cited
- Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012)
- Minouche Baptiste v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012)
- Lubin v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012)