KENNETH D. KOSSOW, AN INDIVIDUAL, PETITIONER,
v.
SNAPP INDUSTRIES, INC., A FLORIDA CORPORATION, RESPONDENT

Fla. 4th DCA | 2003-02-26
No. 4D02-4500
STONE, STEVENSON and GROSS, JJ., concur.
837 So. 2d 1185 Florida District Court of Appeal, Fourth District (2003) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for writ of certiorari and quash the order denying petitioner’s motion for reconsideration seeking to file a revised initial brief. On remand, petitioner shall be granted leave to file an amended initial brief and proceed with his appeal in the circuit court.

STONE, STEVENSON and GROSS, JJ., concur.


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  • Roundtree v. State, 884 So. 2d 322 (Fla. 2d DCA 2004)
    …because he failed to attach an affidavit. However, rule 3.850 does not require the filing of supporting affidavits; it only requires a brief statement of facts in support of the motion. See Valle v. State, 705 So. 2d 1331 (Fla.1997); Smith v. State, 837 So. 2d 1185 (Fla. 4th DCA 2003). Accordingly, we reverse and remand for the trial court to hold an evidentiary hearing on this ground. In ground seven of his motion, Roundtree alleged that before trial, the State offered a sentence of fifty-four months in pri…
  • Keen v. State, 855 So. 2d 117 (Fla. 2d DCA 2003)
    …ion, he did not provide a notarized statement from the recanting witness. However, Keen is not required to provide such a statement; he must only provide a brief statement of facts in support of the motion. See Fla. R.Crim. P. 3.850; Smith v. State, 837 So. 2d 1185 (Fla. 4th DCA 2003). Keen claimed that the recanting witness originally testified that Keen admitted to planning the murder. He further alleged that absent this testimony the State would have been unable to prove the premeditated intent required for…
  • Butler v. State, 946 So. 2d 30 (Fla. 2d DCA 2006)
    …ot require the filing of supporting affidavits; it only requires a brief statement of facts in support of the motion.” Roundtree v. State, 884 So. 2d 322, 323 (Fla. 2d DCA 2004) (citing Valle v. State, 705 So. 2d 1331 (Fla.1997), and Smith v. State, 837 So. 2d 1185 (Fla. 4th DCA 2003)). Based on the limited record before us and taking the motion’s allegations and the affidavit as true, we conclude that Butler’s allegations are legally sufficient to warrant an evidentiary hearing on his claim. See Jones v. Stat…

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