Opinion
Case No. 4D03-2259
Opinion filed August 27, 2003
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case Nos. 01-1299 CF10A and 02-15879 CF10A.
Wanas Walls, Mayo, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.
Wanas Walls appeals an order rendered by the circuit court, which summarily denied his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. At the time the trial court ruled on this motion, Walls had a final appeal pending in this court. The circuit court therefore lacked jurisdiction to enter the order. Its order is properly deemed a nullity. See Leonard v. State, 835 So.2d 1210 (Fla. 4th DCA), review denied, 845 So.2d 891 (Fla. 2003).
Accordingly, we vacate the circuit court's order of April 15, 2003. On remand, we direct the circuit court to either dismiss the motion with leave to refile or stay proceedings on the motion pending resolution of appellant's direct appeal and, thereafter, enter a new ruling on the motion. See Leonard; Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002) (en banc).
STEVENSON, GROSS and MAY, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.