JAMES J. QUIGLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-03-22
No. 4D99-0653
GROSS, TAYLOR and HAZOURI, JJ„ concur.
753 So. 2d 764 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s order dismissing appellant’s petition for writ of ha-beas corpus. We remand to the trial court for a hearing as to whether appellant retained counsel to timely file a 3.850 motion and whether counsel failed to timely file such a motion. See Medrano v. State, 748 So. 2d 986 (Fla. 1999); Steele v. Kehoe, 747 So. 2d 931 (Fla.1999).

GROSS, TAYLOR and HAZOURI, JJ„ concur.


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  • State v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007)
    …m the essential requirements of law. See Dep’t of Revenue ex rel. Gardner v. Long, 937 So. 2d 1235, 1237 (Fla. 1st DCA 2006); Dep’t of Revenue ex rel. T.E.P. v. Price, 958 So. 2d 1045, 1046 (Fla. 2d DCA 2007); Reiss v. Dep’t of Revenue ex rel. Sava, 753 So. 2d 764, 765 (Fla. 4th DCA 2000). Accordingly, we grant the petition, issue the writ, quash the order on review, and remand for further proceedings. ALLEN and DAVIS, JJ., concur. . See Dep’t of Revenue ex rel. Gardner v. Long, 937 So. 2d 1235, 1237 (Fla.…
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  • State v. Brown, 980 So. 2d 590 (Fla. 1st DCA 2008)
    …this error cannot be corrected through a direct appeal, for the improper genetic testing requiring a blood draw would have already been completed, the error must be corrected through certiorari proceedings.”); Reiss v. Dep’t of Revenue ex rel. Sava, 753 So. 2d 764, 765 (Fla. 4th DCA 2000) (granting DOR’s petition for writ of certiorari where trial court improperly ordered paternity test); see also, e.g., Belair v. Drew, 770 So. 2d 1164, 1166 (Fla.2000); Vanguard Fire & Cas. Co. v. Golmon, 955 So. 2d 591, 593…
  • Krasnick v. State, 780 So. 2d 1045 (Fla. 4th DCA 2001)
    …ther she was entitled to file a belated motion for postconviction relief based on the failure of her attorney to file a timely motion. See Steele v. Kehoe, 747 So. 2d 931 (Fla.1999); Medrano v. State, 748 So. 2d 986 (Fla.1999); and Quigley v. State, 753 So. 2d 764 (Fla. 4th DCA 2000). We reverse. The state argues that the denial should be affirmed because Petitioner’s petition was barred by laches, in that it was not filed until December 14, 1999, five years and three months after the attorney she claimed sh…

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