THOMAS MARTONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-01-26
No. 4D03-494
STONE, WARNER and POLEN, JJ., concur.
891 So. 2d 1155 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 4 cases
Topics
Enforcement Of Mandate Motion For Postconviction Relief Evidentiary Hearing Postconviction Relief

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Opinion of the Court
PER CURIAM.

ON MOTION TO ENFORCE MANDATE •

PER CURIAM.

In February 2004, we reversed a summary denial of appellant’s motion for post-conviction relief as to claims one; five, six, seven, sixteen, twenty-one, twenty-three, and twenty-four. We remanded for the attachment of records conclusively refuting these claims or for an evidentiary hearing on the issues. In June 2004, the circuit court issued an order to the statewide prosecutor to respond to the mandate on the motion for postconviction relief. A response was filed by the statewide prosecutor, but the trial court has not ruled on the response, despite, orders from this court requesting a ruling.

As a result of the. failure of the trial court to render an order in accordance with our mandate, .we deem that the record does not support grounds for a summary denial. We therefore enforce our mandate by ordering an evidentiary hearing on the eight issues.

STONE, WARNER and POLEN, JJ., concur.

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  • McALLISTER v. Breakers Seville Ass'n, Inc., 981 So. 2d 566 (Fla. 4th DCA 2008)
    …e counterclaim, and rendered Counts II and III moot. McAllister appealed the final judgment. This court reversed, finding that “entry of a final judgment was error because no notice of trial was properly given.” McAllister v. Breakers Seville Ass’n, 891 So. 2d 1155, 1156 (Fla. 4th DCA 2005). After a trial on remand, the trial court found that the Association had no authority to prohibit the parking of the motorcycle and demand its removal until 2000, when it enacted a “valid” and “proper” amendment. Because t…
  • McALLISTER v. Breakers Seville Ass'n, Inc., 41 So. 3d 405 (Fla. 4th DCA 2010)
    …ween Steven McAllister and the cooperative association in which he has an ownership interest in two apartment units. The litigation between the parties has already resulted in two prior opinions from this court, McAllister v. Breakers Seville Ass’n, 891 So. 2d 1155 (Fla. 4th DCA 2005) (“McAllister I ”), and McAllister v. Breakers Seville Ass’n, 981 So. 2d 566 (Fla. 4th DCA 2008) (“McAllister II ”). This appeal concerns the propriety of the trial court’s rulings on remand from McAllister II, in which we held th…

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