DONNA D. WINCHESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-06-22
No. 2D01-1295
PATTERSON, C.J., and WHATLEY and NORTHCUTT, JJ., Concur.
790 So. 2d 1128 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to any right appellant might have to file a motion pursuant to Florida Rule of Criminal Procedure 3.850.

PATTERSON, C.J., and WHATLEY and NORTHCUTT, JJ., Concur.


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  • Riley v. Riley, 14 So. 3d 1284 (Fla. 2d DCA 2009)
    …jections) on May 8, 2007. The trial court determined that the Husband’s exceptions were untimely filed and refused to hear them. A trial court must hear timely filed exceptions to a magistrate’s report. See Fla. Fam. L.R.P. 12.490(f); Betz v. Betz, 790 So. 2d 1128, 1130 (Fla. 2d DCA 2001). Rule 12.490(f) provides, “The parties may serve exceptions to the report within 10 days from the time it is served on them.” Pursuant to rule 12.090 and Florida Rule of Civil Procedure 1.090(e), the Husband had an additiona…
  • Calderon v. Calderon, 26 So. 3d 688 (Fla. 5th DCA 2010)
    …y v. Riley, 14 So. 3d 1284 (Fla. 2d DCA 2009) determined objections were timely filed when mailing days were taken into account: A trial court must hear timely filed exceptions to a magistrate’s report. See Fla. Fam. L.R.P. 12.490(f); Betz v. Betz, 790 So. 2d 1128, 1130 (Fla. 2d DCA 2001). Rule 12.490(f) provides, “The parties may serve exceptions to the report within 10 days from the time it is served on them.” Pursuant to rule 12.090 and Florida Rule of Civil Procedure 1.090(e), the Husband had an additiona…

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