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CABRERA v. STATE
District Court of Appeal of Florida, Second District.
Sep 3, 1993
PER CURIAM.
Appellant, Carlos Cabrera, appeals the denial of a motion for rehearing. Subsequent to filing the motion for rehearing, Cabrera filed a notice of appeal from the denial of the motion for post conviction relief to which the motion for rehearing is addressed.
Cabrera's action in filing a notice of appeal divests the trial court of jurisdiction in this matter and is an effective abandonment of the motion for rehearing. See In re: Forfeiture of $104,591 in U.S. Currency, 589 So.2d 283, 284-85 (Fla. 1991).
Appeal dismissed.
CAMPBELL, A.C.J., and PARKER and BLUE, JJ., concur.
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