PAUL JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PAUL JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
617 So. 2d 332
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Affirmed on the authority of Bannister v. State, 606 So. 2d 1247 (Fla. 5th DCA 1992).
AFFIRMED.
LETTS, J., and OWEN, WILLIAM C., JR., Senior Judge, concur. FARMER, J., dissents without opinion.
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Monty Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998)…pired during the pendency of this appeal, Pavey shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Haughbrook v. State, 658 So. 2d 639 (Fla. 2d DCA 1995); Miller v. State, 617 So. 2d 332 (Fla. 2d DCA 1993). Affirmed. CAMPBELL, A.C.J., and PATTERSON and CASANUEVA, JJ., concur.…
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Dion Lee Houghtaling v. State, 670 So. 2d 1019 (Fla. 2d DCA 1996)…nd the trial court’s summary denial a response to form rather than substance. Accordingly, we reverse and remand for the trial court to treat Houghtaling’s petition as a timely filed motion for postconviction relief. See generally Miller v. State, 617 So. 2d 332 (Fla. 2d DCA 1993); Lemus v. State, 585 So. 2d 388 (Fla. 2d DCA 1991). DANAHY, A.C.J., and CAMPBELL, J., concur.…
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Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994)…Gorham v. State, 494 So. 2d 211 (Fla.1986). We, accordingly, affirm the trial court’s order of dismissal, but do so without prejudice to the appellant’s refiling of the motion and memorandum of law with the proper oath. See, e.g., Miller v. State, 617 So. 2d 332 (Fla. 2d DCA 1993). Such refiling, if done merely to correct the technical defects noted herein, will not be subject to dismissal based upon expiration of the two-year time limitation. Miller v. State, 617 So. 2d 332 (Fla. 2d DCA 1993); Rivet v. Sta…1 / 2
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- Bannister v. State, 606 So. 2d 1247 (Fla. 5th DCA 1992)