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Southers v. State

District Court of Appeal of Florida, Second District
Jun 29, 2007
961 So. 2d 992 (Fla. Dist. Ct. App. 2007)

Opinion

No. 2D06-5801.

June 29, 2007.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Anthony K. Black and Robert A. Foster, Jr., Judges.


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.


Summaries of

Southers v. State

District Court of Appeal of Florida, Second District
Jun 29, 2007
961 So. 2d 992 (Fla. Dist. Ct. App. 2007)
Case details for

Southers v. State

Case Details

Full title:Kib B. SOUTHERS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jun 29, 2007

Citations

961 So. 2d 992 (Fla. Dist. Ct. App. 2007)

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