Taylor v. State

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.