SIMON D. SINCLAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SIMON D. SINCLAIR, APPELLANT,
STATE OF FLORIDA, APPELLEE
890 So. 2d 1240
Florida District Court of Appeal, First District (2005)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellant challenges the trial court’s order summarily denying his motion alleging ineffective assistance of counsel fried pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. However, because the appellant filed his motion within two years of his conviction and sentence becoming final, we reverse the summary denial and remand for further proceedings. See Brower v. State, 701 So. 2d 433, 433 (Fla. 1st DCA 1997).
REVERSED AND REMANDED.
ALLEN, DAVIS and BROWNING, JJ., Concur.
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State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)…So. 2d 854, 856 (Fla. 5th DCA 2005); Palm Beach Polo Holdings, Inc. v. Vill. of Wellington, 904 So. 2d 652, 653 (Fla. 4th DCA 2005); Sink v. Emerald Hill Owners Ass’n, 903 So. 2d 1047, 1048 (Fla. 1st DCA 2005); Boyd v. Nationwide Mut. Fire Ins. Co., 890 So. 2d 1240, 1242 (Fla. 4th DCA 2005); Swartsel v. Publix Super Mkts., Inc., 882 So. 2d 449, 453 (Fla. 4th DCA 2004); Hales v. Advanced Sys. Design, Inc., 855 So. 2d 1232, 1233 (Fla. 1st DCA 2003). In an earlier case, however, the Third District held that the…
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Nationwide Mut. Fire Ins. Co. v. Harrell, 53 So. 3d 1084 (Fla. 1st DCA 2010)…547 (Fla. 4th DCA 2004) (on denial of motion for rehearing); Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956 (Fla. 2d DCA 2004); Miami-Dade County v. Laureiro, 894 So. 2d 268 (Fla. 3d DCA 2004); and Boyd v. Nationwide Mutual Fire Insurance Co., 890 So. 2d 1240 (Fla. 4th DCA 2005), correctly representing that, in all of those cases, the courts held that it was error to permit the plaintiff to introduce into evidence (and to request from the jury) the gross amount of medical bills, rather than the lesser am…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brower v. State, 701 So. 2d 433 (Fla. 1st DCA 1997)
- Bunnie Brown, Jr. v. Fla. Parole Comm'n, 701 So. 2d 433 (Fla. 1st DCA 1997)