
    Tracy Lee HULL, Appellant, v. STATE of Florida, Appellee.
    No. 93-2349.
    District Court of Appeal of Florida, First District.
    Jan. 20, 1994.
    See also 592 So.2d 1092.
    Tracy Lee Hull, pro se.
    Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
   ALLEN, Judge.

The appellant challenges the lower court’s dismissal of a Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The court dismissed this motion because the appellant had a pending appeal challenging the court’s denial of a Florida Rule of Criminal Procedure 3.230 motion to disqualify the judge assigned to the case. Although a pending appeal as to the underlying conviction and sentence would preclude the lower court’s jurisdiction to consider a rule 3.850 motion, see Bryan v. State, 470 So.2d 864 (Fla. 2d DCA1985), the appeal of a motion to disqualify does not have such absolute pre-clusive effect. See Fla.R.App.P. 9.130(f). The lower court thus should have retained jurisdiction, and should not have dismissed the appellant’s rule 3.850 motion for post-conviction relief.

The appealed order is reversed, and the cause remanded.

ERVIN and SMITH, JJ., concur.  