LONNIE WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-10-20
No. 99-1147
Before JORGENSON, GERSTEN, and GREEN, JJ.
742 So. 2d 533 Florida District Court of Appeal, Third District (1999) Negative Treatment
Cited by 40 cases
Topics
Successive Postconviction Motions Show Cause Order Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant appeals the denial of his postconviction relief motion. We affirm the trial court’s denial of the motion as the record reflects that it is both successive and time barred. We note that this motion is only the latest in a long series of repetitive postconviction motions filed over a twenty year time period, all of which have repeatedly been rejected by the courts.

For this reason and pursuant to State v. Spencer, 24 Fla. L. Weekly S433, — So. 2d -, 1999 WL 742294 (Fla. Sept. 23, 1999), we are remanding this cause to the trial court for it to issue a show cause order to the appellant as to why he should not be barred from filing further pro se postconviction motions attacking his convictions and sentences. The trial court shall give the appellant adequate time to file his written response thereto. Upon receipt of the appellant’s response, if he elects to so respond, the trial court is directed to make written findings on the show cause order accordingly.

Affirmed with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (20 total)

  • Newell v. Moore, 826 So. 2d 1033 (Fla. 1st DCA 2002)
    …iorari. Luttrell v. Florida Parole Commission, 578 So. 2d 11 (Fla. 1st DCA 1991). This court’s certiorari jurisdiction must be invoked within 30 days of rendition of the order to be reviewed. See Fla. R.App. P. 9.100(c)(1); see also Ashley v. Moore, 742 So. 2d 533 (Fla. 1st DCA 1999). The motion to dismiss is denied. An extraordinary writ proceeding in the circuit court which seeks an appellate remedy is governed by the Florida Rules of Appellate Procedure. See Fla. R.App. P. 9.010 and 9.030(c)(3); see also…
  • Peters v. Richard "Dick" Kellman, 53 So. 3d 1171 (Fla. 1st DCA 2011)
    …PER CURIAM. DISMISSED. Cf. Ashley v. Moore, 742 So. 2d 533 (Fla. 1st DCA 1999); Dominguez v. Barakat, 609 So. 2d 664 (Fla. 3d DCA 1992). BENTON, C.J., DAVIS and THOMAS, JJ., concur.…
  • Johnston v. State, 202 So. 3d 976 (Fla. 1st DCA 2016)
    …ating that the appellate court’s jurisdiction to review final orders issued by a trial court “shall be invoked by filing a notice ... with the clerk of the lower [court] within 30 days of rendition of the order to be reviewed”); cf. Ashley v. Moore, 742 So. 2d 533 (Fla. 1st DCA 1999); Dominguez v. Barakat, 609 So. 2d 664 (Fla. 3d DCA 1992). Accordingly, this appeal is DISMISSED. B.L. THOMAS, WETHERELL, and M.K. THOMAS, JJ., concur.…

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