Cabrera v. State

623 So. 2d 825, 1993 Fla. App. LEXIS 8929, 1993 WL 333584
District Court of Appeal of Florida·Decided September 3, 1993·No. No. 93-02082·Published·Cited by 3 cases

Opinion

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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Cabrera v. State, 623 So. 2d 825, 1993 Fla. App. LEXIS 8929, 1993 WL 333584 (Fla. Ct. App. 1993).

623 So. 2d 825 (Cabrera v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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