HAL KIRK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HAL KIRK, APPELLANT,
STATE OF FLORIDA, APPELLEE
707 So. 2d 948
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The final order of the trial court is reversed and the cause is remanded with instructions to rule on the merits of appellant’s motion for post-conviction relief pursuant to Florida Rule of Appellate Procedure 3.850. See, State v. Reynolds, 238 So. 2d 598 (Fla.1970); Demps v. State, 696 So. 2d 1296 (Fla. 3d DCA 1997).
MICKLE and DAVIS, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Howell M. Ramsey v. State, 965 So. 2d 854 (Fla. 2d DCA 2007)…a. 3d DCA 2002). Other district courts of appeal have followed the sound reasoning of the Demps case in holding that the time for filing a rule 3.850 motion can be tolled. See Lopez-Merced v. State, 949 So. 2d 362 (Fla. 5th DCA 2007); Kirk v. State, 707 So. 2d 948 (Fla. 1st DCA 1998). The rationale for permitting the congruence of certain limited, rarely occurring circumstances to toll the time for a prisoner to file a rule 3.850 motion derives from the fundamental right of access to the courts. As the Flori…
Authorities Cited
- State v. Madison Lee Reynolds, 238 So. 2d 598 (Fla. 1970)
- Demps v. State, 696 So. 2d 1296 (Fla. 3d DCA 1997)