LEANDER J. COBLENTZ, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Leander Coblentz appealed the denial of his motion for relief from judgment challenging his sexual predator designation following a 1999 guilty plea to sexual crimes. The court reversed, finding the trial court grossly abused its discretion by denying the motion without addressing its merits.
The trial court grossly abused its discretion by denying the motion without addressing its merits. The decision was reversed and remanded for the trial court to either provide documentation demonstrating Coblentz qualifies as a sexual predator or conduct a hearing to determine if he qualifies for such treatment.
[1] A trial court grossly abuses its discretion by summarily denying a motion for relief from judgment without addressing its merits.
[2] A motion for relief from judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b) is generally reviewed under a gross abuse of discretion standard.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court has broad discretion in determining whether to grant relief from judgment.”
Establishes the standard of review for Rule 1.540(b) motions and the general deference afforded trial courts.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn July 1999, Coblentz entered a plea of nolo contendere to two counts of handling and fondling and one count of indecent exposure, receiving a senten…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gross Abuse Of Discretion cases and more on FLexlaw
SALCINES, Judge.
Leander J. Coblentz appeals the trial court order which summarily denied his motion for relief from judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b). We reverse the trial court’s order and remand for further consideration of the motion.
In July 1999, Mr. Coblentz entered a plea of nolo contendere to two counts of handling and fondling and one count of indecent exposure. He was sentenced to prison followed by community control and probation. He was declared to be a sexual predator pursuant to section 775.21(4)(c), Florida Statutes (1997).
Mr. Coblentz filed a motion to correct illegal sentence seeking to challenge the sexual predator designation. The trial court denied relief. In Coblentz v. State, 775 So. 2d 859, 360 (Fla. 2d DCA 2000),1 the trial court’s decision was affirmed and Mr. Coblentz was encouraged to file a “civil proceeding in hopes both that the merits of his case can be tested and that the trial court can be given an opportunity to devise a workable mechanism to resolve such claims.” Id. at 360.
Mr. Coblentz followed this court’s advice and filed a motion for relief from judgment pursuant to rule 1.540(b). The trial court denied the motion and noted that Mr. Cob-lentz had filed two previous motions to correct illegal sentence, the denials of which had been affirmed on appeal. See Coblentz, 775 So. 2d 359; Coblentz v. State, 785 So. 2d 480 (Fla. 2d DCA 2001). The motion was denied without any discussion of its merits.
The trial court has broad discretion in determining whether to grant relief from judgment. Kroner v. Singer Asset Fin. Co., L.L.C., 814 So. 2d 454, 456 (Fla. 4th DCA 2001). Generally an order entered pursuant to Florida Rule of Civil Procedure 1.540(b) is reviewed under a gross abuse of discretion standard. Tilden Groves Holding Corp. v. Orlando/Orange County Expressway, 816 So. 2d 658, 660 (Fla. 5th DCA 2002).
The State has conceded that the order is erroneous. We agree that the trial court grossly abused its discretion when it failed to address the merits of Mr. Coblentz’s motion. Accordingly, we reverse the order denying the motion for relief from judgment and remand for the trial court to attach documentation which demonstrates that Mr. Coblentz qualifies for treatment as a sexual predator or to conduct a hearing to determine if he qualifies for such treatment.
Reversed and remanded with directions.
ALTENBERND, C.J., and KELLY, J., Concur. . We note that in Nicholson v. State, 846 So. 2d 1217 (Fla. 5th DCA 2003), the Fifth District has declined to follow our opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005)…but we are sending a copy of this opinion to The Florida Bar Criminal Procedure Rules Committee and Appellate Court Rules Committee for consideration. Id. at 360. Mr. Coblentz’s procedural difficulties continued, as reflected in Coblentz v. State, 855 So. 2d 681 (Fla. 2d DCA 2003), where we stated: Mr. Coblentz followed this court’s advice and filed a motion for relief from judgment pursuant to rule 1.540(b). The trial court denied the motion and noted that Mr. Coblentz had filed two previous motions to co…
-
Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)…Coblentz v. State, 775 So. 2d 359, 360 (Fla. 2d DCA 2000) (remanding for Coblentz to raise his sexual predator designation challenge in a civil proceeding although the record strongly indicated that the designation was erroneous); Coblentz v. State, 855 So. 2d 681, 682 (Fla. 2d DCA 2003) (ultimately reversing the civil division’s order denying Coblentz’s Florida Rule of Civil Procedure 1.540(b) motion for relief from judgment challenging his sexual predator designation); Jackson v. State, 801 So. 2d 212, 213…
-
Rodger Keith Evans v. State, 880 So. 2d 787 (Fla. 1st DCA 2004)…ue, the jury instructions given in the instant case distinguish it from the case relied on by Appellant, State v. Estevez, 753 So. 2d 1 (Fla.1999). As to the second issue, this argument has previously been rejected by this Court. See Pitts v. State, 855 So. 2d 681 (Fla. 1st DCA 2003); State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003), review granted 854 So. 2d 659 (Fla.2003). We certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), review dismissed 821 So. 2d 302 (Fla.2002). AFFIRMED…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moreland Nicholson v. State, 846 So. 2d 1217 (Fla. 5th DCA 2003)
- Burt Kroner v. Singer Asset Fin. Co., L.L.C., 814 So. 2d 454 (Fla. 4th DCA 2001)
- Tilden Groves Holding Corp. v. Orlando/Orange Cnty. Expressway, 816 So. 2d 658 (Fla. 5th DCA 2002)
- Leander J. Coblentz, Jr. v. State, 775 So. 2d 359 (Fla. 2d DCA 2000)