PRINCE NARVEL WRAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PRINCE NARVEL WRAY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
690 So. 2d 687
Florida District Court of Appeal, Fifth District (1997)
Caution
Cited by 36 cases
Opinion of the Court
PER CURIAM.
The petition for writ of habeas corpus for belated appeal is granted because the order denying the petitioner’s Rule 3.850 motion did not advise the petitioner of his right to appeal within thirty days. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975); Owens v. State, 668 So. 2d 715 (Fla. 5th DCA 1996). The petitioner is permitted to file a belated notice of appeal of the order denying his motion for post-conviction relief within thirty days of the date of this opinion.
PETITION GRANTED.
PETERSON, C.J., and HARRIS and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Bess v. Eagle Cap., Inc., 704 So. 2d 621 (Fla. 4th DCA 1997)…ppel are affirmative defenses that ordinarily must be pled in answer or similar pleading.”). An exception is made, however, where the face of the complaint is sufficient to demonstrate the existence of the defense. See Duncan v. Prudential Ins. Co., 690 So. 2d 687, 688 (Fla. 1st DCA 1997)(affirming dismissal on grounds of res judicata and estoppel by judgment where appellant had specifically incorporated into her complaint the previous proceedings); Bolz, 679 So. 2d at 837 (stating “[Although affirmative defe…
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Ramos v. Mast, 789 So. 2d 1226 (Fla. 4th DCA 2001)…ffirmative defenses which cannot ordinarily be raised by motion to dismiss, an exception is made when the face of the complaint is sufficient to demonstrate the existence of the defense. Bess, 704 So. 2d at 622 (citing Duncan v. Prudential Ins. Co., 690 So. 2d 687, 688 (Fla. 1st DCA 1997)(affirming dismissal on grounds of res judicata and estoppel by judgment where appellant had specifically incorporated into her complaint the previous proceeding)). In this case, appellant’s complaint did not set forth suffi…
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Norwich v. Global Fin. Assocs., LLC, 882 So. 2d 535 (Fla. 4th DCA 2004)…l are affirmative defenses that ordinarily must be pled in an answer or similar pleading.”). An exception is made, however, where the face of the complaint is sufficient to demonstrate the existence of the defense. See Duncan v. Prudential Ins. Co., 690 So. 2d 687, 688 (Fla. 1st DCA 1997) (affirming dismissal on grounds of res judicata and estoppel by judgment where appellant had specifically incorporated into her complaint the previous proceedings).... [*537] Bess v. Eagle Capital, Inc., 704 So. 2d 621, 622…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Robert L. Shevin v. The Dist. Court OF Appeal of Fla., 316 So. 2d 50 (Fla. 1975)
- M.H.M. v. State, 668 So. 2d 715 (Fla. 5th DCA 1996)