JOHN MCGRADY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN MCGRADY, APPELLANT,
STATE OF FLORIDA, APPELLEE
591 So. 2d 270
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We reverse and remand for attachment to the order of denial of post-conviction relief those portions of the record relied on by the trial court for the summary ^denial. The rule requires their attachment, and our summary review procedures under Rule 9.140(g) depend on their inclusion. The supplementation of the order by one party in an appendix of portions of the record to a brief is insufficient to comply with the rules where the trial court summarily denied relief without a hearing.
Reversed and remanded.
STONE, WARNER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Eldridge A. McCRAY v. State, 633 So. 2d 561 (Fla. 4th DCA 1994)…sary to support the trial court’s order. The state’s supplementation of the order with portions of the record is insufficient to support the trial court’s summary denial. See Kendall v. State, 619 So. 2d 515 (Fla. 4th DCA 1993) and McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991). Accordingly, we remand to the trial court with instructions to attach those portions of the record supporting its order. REVERSED AND REMANDED. DELL, C.J., and GUNTHER and KLEIN, JJ., concur.…
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Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994)…empted to cure the record deficiency by supplying information to this court in an appendix.1 However, this is insufficient to cure the lack of support for the court’s order. See Jackson v. State, 602 So. 2d 696 (Fla. 4th DCA 1992); McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991). STONE, WARNER and POLEN, JJ., concur. . It does not appear that the state filed a response in the trial court.…
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Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996)…it attaches to [*1177] its order portions of the record that conclusively refute the allegations. The state’s supplementation of the order with portions of the record is insufficient to support the trial court’s summary denial. See McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991.) See also Cherry v. State, 638 So. 2d 111 (Fla. 4th DCA 1994); Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994). Accordingly, the order is reversed and remanded for either attachment of portions of the record refuting the cla…
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