MARIE C. HERSEY AND BETTY F. GREENMAN, TRUSTEE, ETC., ET AL., APPELLANTS,
v.
GEORGE E. BATCHELOR AND DENNIS M. OLSEN, APPELLEES

Fla. 5th DCA | 1986-03-06
No. 85-826
DAUKSCH, UPCHURCH and SHARP, JJ., concur.
483 So. 2d 900 Florida District Court of Appeal, Fifth District (1986) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED. See Sanchez v. Swanson, 481 So. 2d 481 (Fla.1986).

DAUKSCH, UPCHURCH and SHARP, JJ., concur.


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  • Hall v. State, 643 So. 2d 635 (Fla. 1st DCA 1994)
    …soner petitions as if the proper remedy were sought if it would be in the interest of justice to do so. Fenter v. State, 632 So. 2d 685, 686 n. 1 (Fla. 2d DCA 1994). See also Arnett v. State, 591 So. 2d 1014 (Fla. 1st DCA 1992); and Priest v. State, 483 So. 2d 900 (Fla. 1st DCA 1986). In the instant case, the court below should have treated Hall’s motion as if filed pursuant to rule 3.850.1 See Young v. State, 619 So. 2d 378 (Fla. 2d DCA 1993); DeSantis v. State, 400 So. 2d 525 (Fla. 5th DCA 1981). We revers…

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