Public-domain · open source
OpenJurist

623 So. 2d 825

Cabrera v. State

District Court of Appeal of Florida

Decided September 3, 1993

District Court of Appeal of Florida · decided 1993-09-03

Cited by 3 later decisions — most recently August 2012

3 state decisions

Relies on 589 So. 2d 283 - Gonzalez v. Metro Dade Police Department

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-03

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant, 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.

¶2Cabrera’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).

¶3Appeal dismissed.

CAMPBELL, A.C.J., and PARKER and BLUE, JJ., concur.
/623/so2d/825 · .json · Public domain