Southers v. State

District Court of Appeal of Florida

Southers v. State

961 So. 2d 992, 2007 Fla. App. LEXIS 10067, 2007 WL 1857412

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 2007

DocketNo. 2D06-5801

StatusPublished

Cited by1 cases

This text of 961 So. 2d 992 (Southers 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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Southers v. State, 961 So. 2d 992, 2007 Fla. App. LEXIS 10067, 2007 WL 1857412 (Fla. Ct. App. 2007).

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Opinion

CANADY, Judge.

Kib B. Southers appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the post-conviction court’s denial of Southers’ claims without comment. We note that Southers’ motion for rehearing and the postconviction court’s stay of that motion are nullities. The filing of the notice of appeal foreclosed any consideration by the postconviction court of the motion for rehearing either during or after the appeal. Cf. Cabrera v. State, 623 So.2d 825 (Fla. 2d DCA 1993) (holding that defendant’s subsequent filing of notice of appeal was an abandonment of a pending motion for rehearing and divested the trial court of jurisdiction to consider it).

Affirmed.

WHATLEY and DAVIS, JJ., Concur.

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CANADY, Judge.

Kib B. Southers appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the post-conviction court’s denial of Southers’ claims without comment. We note that Southers’ motion for rehearing and the postconviction court’s stay of that motion are nullities. The filing of the notice of appeal foreclosed any consideration by the postconviction court of the motion for rehearing either during or after the appeal. Cf. Cabrera v. State, 623 So.2d 825 (Fla. 2d DCA 1993) (holding that defendant’s subsequent filing of notice of appeal was an abandonment of a pending motion for rehearing and divested the trial court of jurisdiction to consider it).

Affirmed.

WHATLEY and DAVIS, JJ., Concur.

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Bluebook (online)

961 So. 2d 992, 2007 Fla. App. LEXIS 10067, 2007 WL 1857412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southers-v-state-fladistctapp-2007.

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