Florida District Courts of Appeal, 1993

Cabrera v. State

Cabrera v. State
Florida District Courts of Appeal · Decided September 3, 1993 · Blue, Campbell, Parker
623 So. 2d 825; 1993 Fla. App. LEXIS 8929; 1993 WL 333584 (Southern Reporter, Second Series)

Cabrera v. State

Opinion of the Court

PER CURIAM.

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.

CAMPBELL, A.C.J., and PARKER and BLUE, JJ., concur.

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