Florida District Courts of Appeal, 1998

Baxley v. State

Florida District Courts of Appeal · Decided June 10, 1998 · Kahn, Miner, Webster

711 So. 2d 639; 1998 Fla. App. LEXIS 6575; 1998 WL 299680 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

O'QUINN v. Power House Services, Inc. (La. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court summarily denied appellant’s amended motion for postconviction relief upon a finding that appellant had appealed a previous order denying a motion for postconviction relief, thus divesting the trial court of jurisdiction. Although appellant did take an appeal to this court, he dismissed that appeal on June 12, 1997. The trial court’s order of July 18, 1997, finding that it was without jurisdiction due to a pending appeal was erroneous. We express no opin*640ion on the merits of the motion for posteon-viction relief.

REVERSED and REMANDED.

MINER, KAHN and WEBSTER, JJ., concur.

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