CLARENCE WAYNE SPRINGER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Springer sought a belated appeal from an order denying his motion for postconviction relief. The court held that his court-appointed counsel, despite claiming the appointment terminated after the evidentiary hearing, remained obligated to represent him and file a notice of appeal when timely requested, absent a formal motion to withdraw.
A court-appointed attorney whose appointment is limited to an evidentiary hearing must formally file a motion to withdraw to be relieved of representation obligations. The attorney cannot unilaterally terminate representation upon conclusion of the hearing. When a client timely requests a notice of appeal, counsel remains obligated to file it unless properly relieved through formal withdrawal procedures.
[1] An attorney appointed for an evidentiary hearing remains obligated to represent the client for purposes of filing an appeal unless the attorney files a formal motion to w…
[2] A court-appointed attorney must file a motion to withdraw to be relieved of responsibility to represent a client after an evidentiary hearing.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The order of the circuit court does appoint counsel for the evidentiary hearing. It does not, however, purport to automatically terminate the appointment at the conclusion of the hearing.”
Establishes that appointment orders are not automatically terminated upon conclusion of the hearing for which counsel was appointed.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSpringer's court-appointed attorney was appointed specifically for an evidentiary hearing on a postconviction motion. After the hearing, when the circ…
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PER CURIAM.
Clarence Wayne Springer seeks a belated appeal from an order which denied his motion for postconviction relief after an evidentiary hearing. Petitioner has provided this court with sworn evidence that both he and his sister timely requested the court-appointed attorney who represented him at the hearing to file a notice of appeal. Respondent, the State of Florida, opposes the petition and offers the affidavit of court-appointed counsel who states that he was not aware the order had been entered because he was not attorney of record for Springer at that time. According to counsel:
My appointment by the court in this case was limited to the evidentiary hearing (see attached order of appointment). By the time the order denying the 3.850 motion was rendered and the appeal time commenced, I was no longer Mr. Springer’s attorney.
The order of the circuit court does appoint counsel for the evidentiary hearing. It does not, however, purport to automatically terminate the appointment at the conclusion of the hearing.1 We find that counsel, in order to be relieved of his responsibility to represent petitioner in this circumstance, is obligated to file a motion to withdraw. Fla. R.Crim. P. 3.111; Fla. R. Jud. Admin. 2.060©- It is notable that the latter rule subdivision requires counsel to serve a copy of a motion to withdraw on the client, which gives the affected party notice of request and an opportunity to interpose an objection. It also requires the motion to include the address of the client so that, if the motion is granted and the party is thereafter proceeding in proper person, the court and the other parties have an address at which to serve orders and filings. We therefore conclude that petitioner has shown that both he and his sister timely asked counsel to file a notice of appeal at a time when counsel was obligated to file such a notice if requested.2 The respondent’s arguments in opposition to the petition are not well-taken.
The petition for writ of habeas corpus for a belated appeal from the order of the Circuit Court for Escambia County dated February 25, 2000, denying postconviction relief in case numbers 92^4069, 92-4070, and 98-1246, is granted. Upon issuance of mandate in this cause, a copy of the opinion will be provided to the clerk of the circuit court to be treated as a notice of appeal. Fla. R.App. P. 9.140(j)(5)(D).
JOANOS, WOLF and BENTON, JJ„ concur. . Nor do we believe such an order would be appropriate.
. If the only request for an appeal was made by petitioner's sister and counsel was unsure of her authority to speak for his client, presumably counsel would be under an obligation to communicate with his client to clarify that issue. We find it unnecessary to reach that question in the instant case, however, as Springer made a timely written request to counsel that an appeal be taken.
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Merced Rosado v. State, 864 So. 2d 533 (Fla. 5th DCA 2004)…there is no dispute that counsel was representing Rosado at the time Rosado requested that a notice of appeal be filed, counsel was obligated to file the notice of appeal to preserve Rosado’s right to appellate review.1 See, e.g., Springer v. State, 770 So. 2d 217 (Fla. 1st DCA 2000). In State v. Trowell, 739 So. 2d 77, 81 (Fla.1999), the Florida Supreme Court ruled that, “the appellate court should grant a petition seeking a belated appeal if the defendant alleges that a timely request of counsel to file th…