ABEDELKADER DAWUDI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We vacate the portion of the October 21, 2005, lower court order denying claim five of appellant’s rule 3.850 motion as the lower court did not have jurisdiction to rule on this claim while an appeal was pending in this court. Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002) (en banc). We remand with directions for the lower court to stay the proceedings on this claim until the pending appeal is resolved or to dismiss the claim without prejudice to refile when jurisdiction returns to the court. Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003). However, the “better practice ... is to stay proceedings on the motion until resolution of the pending appeal.” Owens v. State, 911 So. 2d 1277, 1277 (Fla. 4th DCA 2005). Claims one, two and three are affirmed. We also affirm the denial of claim four without prejudice to refile a legally sufficient claim alleging on what date the defendant discovered counsel’s affirmative misadvice. Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003).
POLEN, HAZOURI and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paul v. State, 141 So. 3d 589 (Fla. 4th DCA 2014)…court cases: 08-10007 CF10B, 09-18113 CF10A, 09-18114 CF10B and 10-20584 CF10A, as the lower court did not have jurisdiction to rule on the motions while appellant’s direct appeal was pending in this court in case number 4D12-4476. Dawudi v. State, 929 So. 2d 1188 (Fla. 4th DCA 2006); Owens v. State, 911 So. 2d 1277 (Fla. 4th DCA 2005); Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002) (en banc). That appeal remains pending. We remand with directions to the lower court to stay proceedings on these motions un…
Authorities Cited
- Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002)
- Skipper v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003)
- Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003)
- Jude P. Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003)
- Peloquin v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003)
- Owens v. State, 911 So. 2d 1277 (Fla. 4th DCA 2005)
- Hartley v. Flora, 911 So. 2d 1277 (Fla. 4th DCA 2005)