DAVID L. FELDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of an order denying his rule 3.850 motion as successive. We disagree with the state’s contention that appellant’s earlier motion, styled by him as a motion for post conviction relief and reviewed at the state’s urging as a motion to correct illegal sentence, made his second motion for post conviction relief successive. The state argues that, since he failed to allege his new grounds for relief were unknown and could not have been discovered at the time of his earlier motion, the motion was properly denied. Appellant’s earlier motion, having been treated and reviewed as a 3.800(a) motion, raised claims concerning the legality of his sentencing. His present motion raises an ineffective assistance of counsel claim, a claim we feel, given the circumstances of this case, warrants review by the trial court on the merits. See Ramirez v. State, 822 So. 2d 593 (Fla. 2d DCA 2002) Accordingly, we reverse and remand for further proceedings.
GUNTHER, KLEIN and TAYLOR, JJ., concur.
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Jewel Grier v. State, 126 So. 3d 448 (Fla. 4th DCA 2013)…peal. The postconviction motion was not successive as appellant’s prior motions were filed under rule 3.800(a) and argued that he received an illegal sentence. See Ramirez v. State, 822 So. 2d 593, 594 (Fla. 2d DCA 2002); see also Felder v. State, 853 So. 2d 473 (Fla. 4th DCA 2003). His filing of his first rule 3.850 motion was not an abuse of pi-ocedure. Affirmed in part. Reversed and remanded in part. WARNER, GERBER and LEVINE, JJ., concur.…
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Tidewater Preserve Master Ass'n, Inc. v. Fla. Dept. of Transp. (Fla. 2d DCA 2021)…1998) (citing Fla. E. Coast Ry. Co. v. Broward County, 421 So. 2d 681 (Fla. 4th DCA 1982)). Rather, the determination of just compensation is ultimately for a jury to decide. See Rorabeck's Plants & Produce, Inc. v. Sch. Dist. of Palm Beach Cnty., 853 So. 2d 473, 477 (Fla. 4th DCA 2003) ("The amount to be deposited by the taking authority in a quick-take condemnation proceeding represents the trial court's judgment of the amount necessary to fully compensate the property owner based on the evidence presente…
Authorities Cited
- Ramirez v. State, 822 So. 2d 593 (Fla. 2d DCA 2002)