ANTONIO D. FLOYD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Frazier v. State, 912 So. 2d 54 (Fla. 4th DCA 2005)
  …rant leave to the defendant to amend the motion if it does not contain all of the necessary allegations. See Mulvaney v. State, 885 So. 2d 1001 (Fla. 4th DCA 2004); see also Barthel v. State, 882 So. 2d 1054 (Fla. 2d DCA 2004); Chamberlain v. State, 880 So. 2d 796 (Fla. 5th DCA 2004). Because Frazier failed to include any of the key allegations mentioned above, the trial court was required to deny her rule 3.850 motion without prejudice to her refiling a legally adequate claim. The trial court erred in summa…
• Watkins v. State, 217 So. 3d 1135 (Fla. 3d DCA 2017)
  …sdiction to entertain this appeal, and we dismiss this appeal for lack of jurisdiction. The dismissal is without prejudice to Watkins filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).5 See Floyd v. State, 880 So. 2d 796 (Fla. 1st DCA 2004). Dismissed without prejudice. . Under the mailbox rule, a motion, petition, or notice of appeal is considered filed when placed in the hands of prison officials. See Thompson v. State, 761 So. 2d 324, 326 (Fla. 2000) (“[S]ince…
• Floyd v. State, 893 So. 2d 588 (Fla. 1st DCA 2004)
  …tates that his motion for rehearing was filed on November 13. The circuit court denied the motion for rehearing on December 2, 2003. Petitioner filed a notice of appeal on December 30, 2003. That appeal was dismissed as untimely. See Floyd v. State, 880 So. 2d 796 (Fla. 1st DCA 2004). An order to show cause issued on the petition for belated appeal. In response, the state asserted that it was not able to demonstrate through prison mail logs that petitioner received the October 13, 2003, order denying his mo…

Authorities Cited

• Nutter v. State, 745 So. 2d 446 (Fla. 1st DCA 1999)