Legal Opinion

Omasta v. State

District Court of Appeal of Florida

Decided November 15, 2002No. 2D01-5757Published

1Opinion of the Court

CASANUEVA, Judge.

William Omasta appeals the order of the trial court granting his motion to withdraw his previously filed Florida Rule of Criminal Procedure 3.850 motion for post conviction relief.

The trial court had no jurisdiction to render this order since the order affected the subject matter of Omasta’s then pending appeal of the summary denial of his rule 3.850 motion. See Hudson v. Hofmann, 471 So.2d 117, 118 (Fla. 2d DCA 1985) (holding that “[ojnce the notices of appeal were filed, the lower court was divested of jurisdiction to proceed with matters related to the final judgment” and…

2Cases cited4 opinions

  1. Hudson v. HofmannDistrict Court of Appeal of Florida · 1985
  2. Omasta v. StateDistrict Court of Appeal of Florida · 2001
  3. Edwards v. StateDistrict Court of Appeal of Florida · 2001
  4. Jordan v. StateDistrict Court of Appeal of Florida · 2001

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