Cabrera v. State
This text of 623 So. 2d 825 (Cabrera 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.
Opinion
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.
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Cite This Page — Counsel Stack
623 So. 2d 825, 1993 Fla. App. LEXIS 8929, 1993 WL 333584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabrera-v-state-fladistctapp-1993.