ORLANDO GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ORLANDO GARCIA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
770 So. 2d 752
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The summary denial of the rule 3.850 motion for post-conviction relief filed by Orlando Garcia is reversed, and the cause is remanded to the trial court for an evidentiary hearing on the allegations contained in the motion. Garcia’s motion and attachments raise substantial factual issues related to his allegations of ineffective assistance of counsel which are not refuted by the record and must be addressed by the trial court. See Stringer v. State, 757 So. 2d 1226 (Fla. 4th DCA 2000); Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997); Porter v. State, 670 So. 2d 1126 (Fla. 2d DCA 1996).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lionita Coleman v. Grandma's Place, Inc., 63 So. 3d 929 (Fla. 4th DCA 2011)…idavit in granting summary judgment would be improper). Despite the sufficiency of the motion for summary judgment, we agree with Coleman that factual disputes exist in this case, making summary judgment improper. Taylor v. Mem’l Health Sys., Inc., 770 So. 2d 752, 754 (Fla. 5th DCA 2000) (stating that a court may vacate summary judgment upon the existence of factual disputes). Alvarez’s affidavit mentions several instances of misconduct by Coleman, aside from .the aforementioned car accidents, which alleged…
Authorities Cited
- Stringer v. State, 757 So. 2d 1226 (Fla. 4th DCA 2000)
- Porter v. State, 670 So. 2d 1126 (Fla. 2d DCA 1996)
- Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997)