EULLE WILLIAMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 1986-10-15
No. 4-86-1485
HERSEY, C.J., and LETTS and GLICK-STEIN, JJ., concur.
495 So. 2d 921 Florida District Court of Appeal, Fourth District (1986) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for habeas corpus to file a belated appeal.

On the merits, we reverse and remand to the trial court with alternative direction either (a) to issue a subsequent order, attaching thereto the portions of the record in support thereof as required by Florida Rule of Criminal Procedure 3.850, or (b)'to conduct an evidentiary hearing and rule upon the allegations raised in petitioner’s motion.

This being a pro se proceeding, we remind petitioner that in order to obtain further review in this court, he must appeal any new ruling of the trial court upon remand.

HERSEY, C.J., and LETTS and GLICK-STEIN, JJ., concur.


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  • Lahti v. Porn, 624 So. 2d 765 (Fla. 4th DCA 1993)
    …s. Beasley v. Girten, 61 So. 2d 179, 181 (Fla.1952); Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379, 381 (Fla. 4th DCA 1971); World on Wheels of Miami Inc. v. Int’l Auto Motors, Inc., 569 So. 2d 836, 837 (Fla. 3d DCA 1990); Epps v. Hartley, 495 So. 2d 921 (Fla. 4th DCA 1986). See also F. Food Company, Inc. v. Hart Properties, Inc., 515 So. 2d 279 (Fla. 3d DCA 1987), rev. denied, 523 So. 2d 577 (Fla.1988). In Michniak v. Michniak, 601 So. 2d 1305, 1306 (Fla. 4th DCA 1992), this court reversed a dismi…
  • Wheeler v. Mohammad Ali Hajianpour, M.D., 688 So. 2d 423 (Fla. 4th DCA 1997)
    …ious circumstances of intentional defiance and contumacious disregard of the court’s authority (a circumstance not present in the instant case). See Whiteside v. Whiteside, 468 So. 2d 407 (Fla. 4th DCA 1985), cited with approval in, Epps v. Hartley, 495 So. 2d 921 (Fla. 4th DCA 1986). Having concluded that the trial court could not have properly dismissed the plaintiff’s complaint as a sanction, we next consider whether it may have done so due to the pendency of an identical lawsuit. The pen-dency of another…
  • …was not prepared to offer testimony regarding negligence. Despite the court’s prior warnings, appellant was completely unprepared to try his case and could not proceed. The court dismissed the case with prejudice, and we affirm. In Epps v. Hartley, 495 So. 2d 921 (Fla. 4th DCA 1986), the trial court dismissed a case called to trial where the plaintiffs attorney refused to begin the trial because his client was not present. While this court upheld the dismissal, we concluded that it should be without prejudic…

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