
    Kenneth BAXLEY, Appellant, v. STATE of Florida, Appellee.
    No. 97-3223.
    District Court of Appeal of Florida, First District.
    June 10, 1998.
    Kenneth Baxley, Pro se, Panama City, for Appellant.
    No appearance for Appellee.
   PER CURIAM.

The trial court summarily denied appellant’s amended motion for postconviction relief upon a finding that appellant had appealed a previous order denying a motion for postconviction relief, thus divesting the trial court of jurisdiction. Although appellant did take an appeal to this court, he dismissed that appeal on June 12, 1997. The trial court’s order of July 18, 1997, finding that it was without jurisdiction due to a pending appeal was erroneous. We express no opinion on the merits of the motion for posteon-viction relief.

REVERSED and REMANDED.

MINER, KAHN and WEBSTER, JJ., concur.  