LEO SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEO SULLIVAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
775 So. 2d 361
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Leo Sullivan appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the trial court’s order and remand this case for the trial court to conduct an evidentiary hearing to determine if Sullivan is entitled to withdraw his plea because it was involuntarily entered without the assistance of counsel. See Peart v. State, 756 So. 2d 42 (Fla.2000); Perry v. State, 25 Fla. L. Weekly D541, — So. 2d —, 2000 WL 220426 (Fla. 1st DCA Feb. 28, 2000), revieiv granted, No. SC00-495, 767 So. 2d 461 (Fla. July 7, 2000).
Reversed and remanded.
CAMPBELL, A.C.J., and THREADGILL and GREEN, JJ, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. State, 789 So. 2d 364 (Fla. 2d DCA 2001)…nt case law, however, has allowed claims to proceed by means of coram nobis that are based on errors of law related to the vol-untariness of a defendant’s plea in light of known facts. See Peart v. State, 756 So. 2d 42 (Fla.2000); Sullivan v. State, 775 So. 2d 361 (Fla. 2d DCA 2000); Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000); Perry, 786 So. 2d 583. Here, Walker’s allegation of his mental incompetence is not refuted by the record and is a sufficiently specific allegation to provide a basis to challen…
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Kelner v. Kelner, 970 So. 2d 933 (Fla. 4th DCA 2008)…inancial affidavit and specifically states that parties may not waive the requirement. See Fla. Fam. L.R.P. 12.285(c)-(d). The issue of the waiver of financial affidavits in simplified dissolution has been addressed before. In Varrieur v. Varrieur, 775 So. 2d 361, 362 (Fla. 3d DCA 2000), the parties to a simplified dissolution proceeding obtained a final judgment of dissolution without either party filing a financial affidavit or objecting to the other party’s failure to file one. The parties had previously…
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Karlin Daniel v. Daniel, 922 So. 2d 1041 (Fla. 4th DCA 2006)…ds: (1) that the order violates his right to privacy under Article I, Section 23 of the Florida Constitution, and (2) that the circuit court erred by failing to follow Salczman v. Joquiel, 776 So. 2d 986 (Fla. 3d DCA 2001), and Varrieur v. Varrieur, 775 So. 2d 361 (Fla. 3d DCA 2000). Addressing the second argument first, the Family Law Rules of Procedure required the husband to file a financial affidavit in this case. The wife’s 2003 petition for dissolution sought alimony and equitable distribution of asset…
Authorities Cited
- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)