Opinion
No. 4D05-1107.
June 8, 2005.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus Stanton S. Kaplan, Judges; L.T. Case No. 02-4993 CF10.
Anthony Taylor a/k/a Kevin White, Sanderson, pro se.
No appearance required for appellee.
The trial court erred in denying appellant's post-conviction motion as successive. Fla.R.Crim.P. 3.850(f). We reverse and remand for further proceedings.
Appellant voluntarily dismissed his first post-conviction motion before the trial court ruled on the merits. Accordingly, the subsequently filed motion was not successive. Watson v. State, 754 So.2d 129 (Fla. 2d DCA 2000); Bryant v. State, 737 So.2d 599 (Fla. 4th DCA 1999).
FARMER, C.J., POLEN and SHAHOOD, JJ., concur.