Ruth v. State, 635 So. 2d 1061

PER CURIAM.

Stephen Louis Ruth appeals the trial court‘s order dismissing various motions seeking postconviction relief. At the time the trial court entered its order dismissing the motions, a prior-filed appeal from a motion for postconviction relief was pending in this court. The trial court correctly recognized it did not have jurisdiction to rule on the merits of the motions during the pendency of the prior appeal. See Ross v. State, 598 So. 2d 149 (Fla. 2d DCA 1992); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla. 1991).

Accordingly, we affirm the trial court‘s order without prejudice to the appellant‘s refiling the motions for the trial court‘s consideration when jurisdiction is again in the trial court.

RYDER, A.C.J., and PATTERSON and BLUE, JJ., concur.

Case Details

Case Name: Ruth v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 29, 1994

Citations: 635 So. 2d 1061; 1994 WL 151342; 93-04049

Docket Number: 93-04049

Court Abbreviation: Fla. Dist. Ct. App.