BRIAN MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN MURPHY, APPELLANT,
STATE OF FLORIDA, APPELLEE
801 So. 2d 1010
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We accept the State’s concession that the case should be remanded to the trial court with directions to grant appellant’s two motions for voluntary dismissal without prejudice, which were filed approximately one and two months, respectively, before the trial court denied appellant’s motion for postconviction relief filed on April 25, 2001, and reverse the trial court’s order summarily denying the motion for postconviction relief. See Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000); Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). On remand, the court should consider the amended motion which appellant has already filed.
POLEN, C.J., KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Small v. State, 875 So. 2d 1276 (Fla. 4th DCA 2004)…appellant’s motion or notice for voluntary dismissal, without prejudice to his right to refile any such motion within thirty (30) days after issuance of this court’s mandate. See Hansen v. State, 816 So. 2d 808 (Fla. 1st DCA 2002); Murphy v. State, 801 So. 2d 1010 (Fla. 4th DCA 2001); Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000); Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999). WARNER, POLEN and MAY, JJ., concur.…
Authorities Cited
- Sterling Franklyn Stubbs v. State, 675 So. 2d 251 (Fla. 3d DCA 1996)
- Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999)
- J.D. Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000)