PATTY GERMANSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wright v. State, 741 So. 2d 1146 (Fla. 2d DCA 1999)
  …court’s determination of the prior motion was made on the merits. Thus, a successive motion that raises the same grounds as a prior motion may not be dismissed if those grounds were not previously adjudicated on their merits. See Browning v. State, 687 So. 2d 950 (Fla. 1st DCA 1997). In this case, the trial court denied Mr. Wright’s March 1998 motion as being successive because it had previously denied Mr. Wright’s motion filed on the day of sentencing. Under the procedural complexities of this case, we can…
• Gino Browning v. State, 814 So. 2d 1220 (Fla. 1st DCA 2002)
  …PER CURIAM. In Browning v. State, 687 So. 2d 950 (Fla. 1st DCA 1997), this court reversed an order which summarily denied a motion for postconviction rehef and remanded with directions to either attach portions of the record showing that the movant was not entitled to rehef or to conduct an eviden…
• Dino K. Crescenzo v. State, 987 So. 2d 150 (Fla. 2d DCA 2008)
  …s. “Thus, a successive motion that raises the same grounds as a prior motion may not be dismissed if those grounds were not previously adjudicated on their merits.” Wright v. State, 741 So. 2d 1146, 1147 (Fla. 2d DCA 1999) (citing Browning v. State, 687 So. 2d 950 (Fla. 1st DCA 1997)); see also Cabrera v. State, 721 So. 2d 1190, 1191 (Fla. 2d DCA 1998); Wallace v. State, 463 So. 2d 467, 468 (Fla. 2d DCA 1985). We reverse the postconviction court’s order of dismissal and, based on the State’s previous conces…

Authorities Cited

• Kris Helton v. State, 641 So. 2d 146 (Fla. 3d DCA 1994)