F. DAUN FOWLER, ETC., ET AL., PETITIONERS,
v.
HONORABLE URIEL BLOUNT, CIRCUIT COURT JUDGE, AND JOHN A. BELANICH, D/B/A PARKWOOD MOBILE HOME COMMUNITY, RESPONDENTS
F. DAUN FOWLER, ETC., ET AL., PETITIONERS,
HONORABLE URIEL BLOUNT, CIRCUIT COURT JUDGE, AND JOHN A. BELANICH, D/B/A PARKWOOD MOBILE HOME COMMUNITY, RESPONDENTS
455 So. 2d 1158
Florida District Court of Appeal, Fifth District (1984)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
On June 19, 1984, this court ordered respondents to show cause why the Petition for Writ of Certiorari/Mandamus should not be granted. No response has been filed. The relief sought in the petition is granted. The lower court order of May 17, 1984 is quashed. As requested in the petition, the circuit court shall decide the appeal and address petitioners’ motion for attorney’s fees.
Writ granted.
COBB, C.J., and DAUKSCH and CO-WART, JJ., concur.
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McCANTS v. State, 504 So. 2d 30 (Fla. 2d DCA 1987)…the trial court denied the motion without an evidentiary hearing on the basis of the files and records before it, no document, contrary to the requirement of Rule 3.850, was appended to the order refuting the appellant’s allegations. West v. State, 455 So. 2d 1158, 1159 (Fla. 2d DCA 1984). Accordingly, we reverse and remand this matter to the trial court. Following remand, the trial court is to support its order by attaching appropriate documentation conclusively disclosing that appellant is not entitled to…
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Paige Allison Frye v. State, 471 So. 2d 214 (Fla. 1st DCA 1985)…attach portions of the record which conclusively show that appellant is entitled to no relief or to conduct an evidentiary hearing on the allegations presented in the motion. See Oatsvall v. State, 453 So. 2d 147 (Fla. 1st DCA 1984); West v. State, 455 So. 2d 1158 (Fla. 2d DCA 1984). BOOTH and BARFÍELD, JJ., concur.…
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Gifford v. State, 523 So. 2d 794 (Fla. 2d DCA 1988)…d’s motion, the trial court’s order includes a finding that the record “refutes defendant’s claim four different times.” Unfortunately, no supportive documentation was attached to that order, contrary to the requirement of Rule 3.850. West v. State, 455 So. 2d 1158 (Fla. 2d DCA 1984); McCants v. State, 504 So. 2d 30 (Fla. 2d DCA 1987). We reverse and remand this matter to the trial court. Upon remand, the trial court is to support its order by attaching appropriate documentation conclusively exhibiting that G…