ANTHONY F. BUFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1986-09-10
No. 4-86-1228
GLICKSTEIN and WALDEN, JJ., concur., LETTS, J., dissents without opinion.
496 So. 2d 158 Florida District Court of Appeal, Fourth District (1986) Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM. •

PER CURIAM. •

Appellant appeals from a trial court order denying his motion for post-conviction relief.

Appellant is entitled to an evidentiary hearing on the factual issue of whether counsel adequately informed him of his right affirmatively to elect sentencing under the guidelines. See Turner v. State, 454 So. 2d 803 (Fla. 4th DCA 1984). We remand for such a hearing.

Whether the trial court should alter its action on appellant’s motion for post-conviction relief will hinge on the outcome of that hearing.

GLICKSTEIN and WALDEN, JJ., concur. LETTS, J., dissents without opinion.

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  • Shaps v. Provident Life & Accident Ins. Co., 826 So. 2d 250 (Fla. 2002)
    …n on the merits of the petition.” Johnson v. Florida Farm Bureau Cas. Ins. Co., 542 So. 2d 367, 369 (Fla. 4th DCA 1988); see also Bing v. A.G. Edwards & Sons, Inc., 498 So. 2d 1279 (Fla. 4th DCA 1986); Accent Realty of Jacksonville, Inc. v. Crudele, 496 So. 2d 158 (Fla. 3d DCA 1986). The reasoning from these cases can be applied to the instant case because in neither the denial of certiorari nor the discharge of a writ of certiorari as improvidently issued does the appellate court decide or rule on the merits…
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    …ari is not to be construed as an opinion on the merits of the petition. See Bevan v. Wanicka, 505 So. 2d 1116 (Fla. 2d DCA 1987); Bing v. A.G. Edwards & Sons, Inc., 498 So. 2d 1279 (Fla. 4th DCA 1986); Accent Realty of Jacksonville, Inc. v. Crudele, 496 So. 2d 158 (Fla. 3d DCA 1986), rev. denied, 506 So. 2d 1040 (Fla. 1987); Don Mott Agency, Inc. v. Harrison, 362 So. 2d 56 (Fla. 2d DCA 1978). We therefore hold that the trial court erred in refusing to vacate the partial summary judgment on punitive damages an…
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