THE STATE OF FLORIDA, APPELLANT,
v.
TOMAS ANTONIO LOPEZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
TOMAS ANTONIO LOPEZ, APPELLEE
785 So. 2d 667
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order granting defendant’s Florida Rule of Criminal Procedure 3.850 motion. The trial court did not abuse its discretion in finding that defendant did not lack due diligence in bringing his claim and that there was not inordinate prejudice to the state. See State v. Perry, 786 So. 2d 554 (Fla.2001), and cases cited therein. Contrary to the state’s assertion the transcript of the evidentiary hearing demonstrates that the trial court properly addressed the laches issue and properly found that Gregersen v. State, 714 So. 2d 1195 (Fla. 4th DCA 1998), affirming, 758 So. 2d 106 (Fla.2000) is factually distinguishable.
Affirmed.
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Dep't of Hwy. Safety & Motor Vehicles v. Alliston, 813 So. 2d 141 (Fla. 2d DCA 2002)…iorari is available, one consideration is whether the error is isolated in its effect or whether it is pervasive or widespread in its application to numerous other proceedings. See, e.g., Progressive Specialty Ins. Co. v. Biomechanical Trauma Ass’n, 785 So. 2d 667 (Fla. 2d DCA 2001); Stilson v. Allstate Ins. Co., 692 So. 2d 979 (Fla. 2d DCA 1997). Thus, a circuit court order that is particularly fact-specific and fact-dependent, or an order that provides a result without a written opinion and therefore cannot…
Authorities Cited
- Knafel v. State, 714 So. 2d 1195 (Fla. 2d DCA 1998)
- State v. Perry, 786 So. 2d 554 (Fla. 2001)
- State v. Era Gregersen, 758 So. 2d 106 (Fla. 2000)
- Dante Rubio v. State, 758 So. 2d 106 (Fla. 2000)