Cabrera v. State
Cabrera v. State
623 So. 2d 825; 1993 Fla. App. LEXIS 8929; 1993 WL 333584
(Southern Reporter, Second Series)
Cabrera v. State
Opinion of the Court
Appellant, Carlos Cabrera, appeals the denial of a motion for rehearing. Subséquent to filing the motion for rehearing, Cabrera filed a notice of appeal from the denial of the motion for post conviction relief to which the motion for rehearing is addressed.
Cabrera’s action in filing a notice of appeal divests the trial court of jurisdiction in this matter and is an effective abandonment of the motion for rehearing. See In re: Forfeiture of $104,591 in U.S. Currency, 589 So.2d 283, 284-85 (Fla. 1991).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.