JAMES FORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2000-03-09
No. 1D99-2695
WOLF, KAHN and LAWRENCE, JJ„ concur.
752 So. 2d 1255 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s order denying post-conviction relief and remand to the trial court with directions to grant appellant’s motion for voluntary dismissal without prejudice. See, e.g., Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). We express no opinion about whether appellant’s motion, pursuant to Florida Rule of Criminal Procedure 8.850, was timely filed. Neither do we require the trial court to provide appellant with “instructions” upon dismissal of the motion.

WOLF, KAHN and LAWRENCE, JJ„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Nelson v. State, 784 So. 2d 1266 (Fla. 1st DCA 2001)
    …missal and that the trial court effectively denied his request by denying his rule 3.850 motion on the merits. Because Appellant was entitled to withdraw his rule 3.850 motion where there was no prejudice to the State, we reverse. See Ford v. State, 752 So. 2d 1255 (Fla. 1st DCA 2000); Johnson v. State, 739 So. 2d 160 (Fla. 3rd DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3rd DCA 1996). Accordingly, we reverse the order denying postconviction relief and remand with directions to grant appellant’s mo…
  • Hansen v. State, 816 So. 2d 808 (Fla. 1st DCA 2002)
    …tate suffers no prejudice, the appellant’s motion should be granted. See Nelson v. State, 784 So. 2d 1266 (Fla. 1st DCA 2001). Such a motion should be granted without prejudice to the appellant’s right to file a subsequent motion. See Ford v. State, 752 So. 2d 1255 (Fla. 1st 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…

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