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Florida District Courts of Appeal, 1991

McClinton v. State

McClinton v. State
Florida District Courts of Appeal · Decided November 21, 1991 · Cowart, Dauksch, Peterson
588 So. 2d 701; 1991 Fla. App. LEXIS 11612; 1991 WL 249909 (Southern Reporter, Second Series)

McClinton v. State

070rehearing

UPON MOTION FOR REHEARING

DAUKSCH, Judge.

We withdraw the previous opinion and substitute the following in its stead.

The state has pointed out in its motion for rehearing that because no judgment was rendered this court has no jurisdiction to do anything except dismiss this appeal. That is correct. Owens v. State, 579 So.2d 311 (Fla. 1st DCA 1991). Because this court never had jurisdiction, the trial court does. Relief can be sought below.

Appeal dismissed.

COWART and PETERSON, JJ., concur.

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