Baxley v. State

District Court of Appeal of Florida

Baxley v. State

711 So. 2d 639, 1998 Fla. App. LEXIS 6575, 1998 WL 299680

CourtDistrict Court of Appeal of Florida

DecidedJune 10, 1998

DocketNo. 97-3223

StatusPublished

Cited by1 cases

This text of 711 So. 2d 639 (Baxley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baxley v. State, 711 So. 2d 639, 1998 Fla. App. LEXIS 6575, 1998 WL 299680 (Fla. Ct. App. 1998).

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Opinion

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[640]*640ion on the merits of the motion for posteon-viction relief.

REVERSED and REMANDED.

MINER, KAHN and WEBSTER, JJ., concur.

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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[640]*640ion on the merits of the motion for posteon-viction relief.

REVERSED and REMANDED.

MINER, KAHN and WEBSTER, JJ., concur.

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711 So. 2d 639, 1998 Fla. App. LEXIS 6575, 1998 WL 299680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxley-v-state-fladistctapp-1998.

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