SHERROD EVERETT, PETITIONER,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
PER CURIAM.
We grant the petition for writ of habeas corpus for belated appeal. The petition alleges that the trial court failed to send petitioner a copy of the order denying his rule 3.850 motion for post-conviction relief within the time period for appealing the order. The certificate of service on the order of denial does not reflect that petitioner was served with a copy of the order. The lack of an appropriate certificate of service with the date of service shown therein corroborates petitioner’s allegation. Accordingly, we agree that petitioner is entitled to a belated appeal. Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985).
DOWNEY, STONE and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Jones v. State, 642 So. 2d 121 (Fla. 5th DCA 1994)…certificate of service as required by Rule 3.850(g). Without a certificate of service it cannot be presumed that prompt notice of the order denying relief was given. Cf Farngiamore v. State, 633 So. 2d 118 (Fla. 5th DCA 1994); Everett v. Singletary, 603 So. 2d 117 (Fla. 4th DCA 1992). The order denying relief is reversed and the case is remanded for an evidentiary hearing to determine (1) whether appellant timely advised counsel to take an appeal, and (2) whether appellant failed to receive prompt notice of…
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Hildebrand v. Singletary, 666 So. 2d 274 (Fla. 4th DCA 1996)…ed appeals under similar circumstances. See, e.g., Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995) (trial court did not provide petitioner with copy of order and did not advise petitioner that he had thirty days to appeal); Everett v. Singletary, 603 So. 2d 117 (Fla. 4th DCA 1992) (lack of appropriate certificate of service with date of service corroborated petitioner’s allegation of non-receipt); Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985) (petitioner’s allegation of non-receipt of order was corr…
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Lewis v. State, 606 So. 2d 767 (Fla. 4th DCA 1992)…r of a statement that movant may appeal within thirty days is a sufficient basis for granting permission to file a belated appeal. See State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975); Everett v. Singletary, 603 So. 2d 117 (Fla. 4th DCA1992); Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA1985). The state does not object to grant of such permission, based on the same reasoning. Accordingly, we grant the petition to file a belated appeal within thirty days of the date…
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- Ivory Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985)