STEVEN GAMBLE
v.
STATE OF FLORIDA
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Florida Rule 1.540, which applies only to civil causes, does not apply to collateral claims associated with a criminal conviction.
“By its own terms, rule 1.540 applies only to civil causes, not to collateral claims associated with a criminal conviction.”
Steinhorst v. State, 636 So. 2d 498, 500 (Fla. 1994)
Gamble filed a motion in a criminal matter under Florida Rule 1.540, which is applicable only to civil cases. The trial court rejected the motion as p…
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PER CURIAM. Affirmed. See Steinhorst v. State, 636 So. 2d 498, 500 (Fla. 1994) (“By its own terms, rule 1.540 applies only to civil causes, not to collateral claims associated with a criminal conviction.”); Bryant v. State, 971 So. 2d 818, 819 (Fla. 3d DCA 2007) (“The defendant was incorrect to file a motion under Rule 1.540 . . . When such a motion is filed, it is to be treated as if it had been filed under the correct postconviction rule.").
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Citator
Authorities Cited
- Steinhorst v. State, 636 So. 2d 498 (Fla. 1994)
- Bryant v. State, 971 So. 2d 818 (Fla. 3d DCA 2007)