From Casetext: Smarter Legal Research

Hulick v. State

District Court of Appeal of Florida, Second District
Oct 12, 1994
644 So. 2d 117 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-03306.

October 12, 1994.

Appeal from the Circuit Court, Polk County, Daniel T. Andrews, J.


Lloyd Hulick appeals the trial court's dismissal, on jurisdictional grounds, of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. At the time Mr. Hulick filed his motion, he had pending before this court an appeal from an earlier denial of a similar motion. Thus, the trial court was correct in dismissing Mr. Hulick's latest motion. Ruth v. State, 635 So.2d 1061 (Fla. 2d DCA 1994). Accordingly, as in Ruth, we affirm the trial court's order without prejudice to Mr. Hulick's refiling the motion after jurisdiction again vests in the trial court.

Affirmed.

DANAHY, A.C.J., and PATTERSON and LAZZARA, JJ., concur.


Summaries of

Hulick v. State

District Court of Appeal of Florida, Second District
Oct 12, 1994
644 So. 2d 117 (Fla. Dist. Ct. App. 1994)
Case details for

Hulick v. State

Case Details

Full title:LLOYD KEVIN HULICK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 12, 1994

Citations

644 So. 2d 117 (Fla. Dist. Ct. App. 1994)

Citing Cases

Washington v. State

In Wells v. State, 362 So.2d 441 (Fla. 4th DCA 1978), we held that the trial court could not rule on a second…

Washington v. State

In Wells v. State, 362 So.2d 441 (Fla. 4th DCA 1978), we held that the trial court could not rule on a second…