¶1Appellant raises two issues on appeal. We affirm the trial court as to both. As to *787the first issue, concerning the question of the claim of newly discovered evidence, our affirmance is without prejudice to the appellant to file any motion that might be appropriate under Rule 3.850 of the Florida Rules of Civil Procedure.
¶2In view of the fact that we find that appellant’s second point lacks merit, we do not further address it herein.