MICHAEL HOWARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J.D. Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000)
  …of error and reverse the trial court’s order denying appellant’s motion for post-conviction relief. We remand this cause to the trial court with directions to grant appellant’s motion for voluntary dismissal, without prejudice. See Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). DELL, TAYLOR and HAZOURI, JJ., concur.…
• Murphy v. State, 801 So. 2d 1010 (Fla. 4th DCA 2001)
  …al court denied appellant’s motion for postconviction relief filed on April 25, 2001, and reverse the trial court’s order summarily denying the motion for postconviction relief. See Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000); Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). On remand, the court should consider the amended motion which appellant has already filed. POLEN, C.J., KLEIN and STEVENSON, JJ., concur.…
• Hansen v. State, 816 So. 2d 808 (Fla. 1st DCA 2002)
  …DCA 2000); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). A motion to dismiss is timely where it is filed before the trial court has ruled on the rale 3.850 motion. See Gonzalez v. State, 664 So. 2d 74 (Fla. 3d DCA 1995); Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999). In the present case, Appellant’s motion to dismiss was filed pursuant to the mailbox rale on August 14, 2001, and the trial court clerk’s office received the motion on August 16, 2001, prior to the trial court’s ruling upon th…

Authorities Cited

• Sterling Franklyn Stubbs v. State, 675 So. 2d 251 (Fla. 3d DCA 1996)