BUNNIE BROWN, JR., APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE

Fla. 1st DCA | 1997-11-14
No. 96-4119
ALLEN and WEBSTER, JJ., concur., MINER, J., concurs with written opinion.
701 So. 2d 433 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

ALLEN and WEBSTER, JJ., concur.

MINER, J., concurs with written opinion.

Concurrence
MINER, Judge,

MINER, Judge,

concurring.

I concur in this affirmance and write only to suggest that if, in fact, the trial court uses a stock form of order to show cause in eases such as this, that, in light of Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996), the court examine the language of such order that specifically provides:

No other pleadings are required and the court may rule on the pleadings upon the filing of a response to this order by the defendant.

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Cited By

  • Sinclair v. State, 890 So. 2d 1240 (Fla. 1st DCA 2005)
    …50. The trial court denied the motion as untimely. However, because the appellant filed his motion within two years of his conviction and sentence becoming final, we reverse the summary denial and remand for further proceedings. See Brower v. State, 701 So. 2d 433, 433 (Fla. 1st DCA 1997). REVERSED AND REMANDED. ALLEN, DAVIS and BROWNING, JJ., Concur.…
  • Monts v. State, 870 So. 2d 952 (Fla. 1st DCA 2004)
    …his Court on the authority of Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986), the state conceded that Appellant’s motion was timely because it was filed within two years of the date the mandate issued from this Court. See, e.g., Brower v. State, 701 So. 2d 433 (Fla. 1st DCA 1997). Accordingly, we reverse and remand for further consideration of Appellant’s postconviction motion. BARFIELD and LEWIS, JJ., concur.…

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