RICHARD GASTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Richard Gaston appeals the denial of his postconviction motion filed pursuant to Flor-ida Rule of Criminal Procedure 3.850. In denying one of the claims raised in this motion, the trial court incorporated factual allegations from a probable cause affidavit purportedly contained in the court file. However, the trial court failed to attach a copy of this probable cause affidavit to its order. Therefore, we have no choice but to reverse the trial court’s order and remand for further proceedings. See Tranquille v. State, 708 So. 2d 676 (Fla. 2d DCA 1998). On remand, if the trial court again denies Ga-ston’s motion, it shall attach to its order all portions of the record upon which it relies.
Reversed and remanded.
' CAMPBELL, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Dep't OF Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999)…order in order to permit belated appeal); Taylor v. Department of Prof'l Regulation, Bd. of Med. Exam’rs, 520 So. 2d 557 (Fla.1988) (allowing appeal from amendatory final agency order that corrected clerical error); Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998); W.T. Holding, Inc. v. State, Agency for Health Care Admin., 682 So. 2d 1224, 1225 (Fla. 4th DCA 1996) (holding agency should enter new order where party “had not received a copy of the final order and had been unaware of its issu…
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Gundlah v. Moore, 831 So. 2d 780 (Fla. 4th DCA 2002)…smiss the untimely appeal without prejudice, allowing the appellant to pursue relief in the lower tribunal by motion seeking to set aside the original order and requesting that a new appealable order be entered. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998); see also Ney v. Unemployment Appeals Comm’n, 778 So. 2d 509 (Fla. 4th DCA 2001); Dorsey v. State, 764 So. 2d 619 (Fla. 4th DCA 2000); Dep’t of Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999). If the lower tribunal acts favor…
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Dorsey v. State of Fla. & Michael W. Moore, 764 So. 2d 619 (Fla. 4th DCA 2000)…App. P. 9.100(c). This denial is without prejudice to petitioner asking the Secretary of the Department of Corrections to vacate and re-issue the challenged decision from which petitioner may then timely appeal. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998). STEVENSON, GROSS and TAYLOR, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tranquille v. State, 708 So. 2d 676 (Fla. 2d DCA 1998)
- Safford v. State, 708 So. 2d 676 (Fla. 2d DCA 1998)