RANDALL CLARK ZIEGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-11-25
No. 98-2385
POLEN, KLEIN and STEVENSON, JJ., concur.
720 So. 2d 1169 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

In light of the trial court’s August 7, 1997 order granting appellant an extension of time to file his motion for postconviction relief, we reverse the summary denial of appellant’s motion as untimely and remand for consideration of the motion on its merits.

POLEN, KLEIN and STEVENSON, JJ., concur.


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  • Higgins v. State, 37 So. 3d 913 (Fla. 4th DCA 2010)
    …alleged either good cause or excusable neglect in his motion for enlargement of time, nevertheless, the trial court granted the motion. It cannot deny those claims as untimely, having made them timely by granting the extension. See Ziegler v. State, 720 So. 2d 1169 (Fla. 4th DCA 1998). As to the two claims which the trial court determined were timely filed, we affirm as both are without merit. Affirmed in part; reversed in part; and remanded for further proceedings. STEVENSON and GERBER, JJ., concur. . The…

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