ANTHONY LOWE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY LOWE, APPELLANT,
STATE OF FLORIDA, APPELLEE
895 So. 2d 529
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We find the claim raised by the appellant to be legally sufficient for a motion for post-conviction relief, reverse the denial of relief, and remand this case to the trial court for the limited purpose of attaching to the order denying relief a copy of the transcript of the proceeding of March 8, 2000, in case number 99-7801CF10A. See Perriello v. State, 684 So. 2d 258 (Fla. 4th DCA 1996); Hen Lin Lu v. State, 683 So. 2d 1110 (Fla. 4th DCA 1996).
POLEN, TAYLOR and MAY, JJ., concur.
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Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)…); Cuartas v. Cuartas, 951 So. 2d 980, 981, n. 1 (Fla. 3d DCA 2007) (accepting jurisdiction pursuant to rule 9.130(a)(3)(C)(iii) of an order denying former husband’s motion for contempt and for immediate change of primary residence); Drago v. Drago, 895 So. 2d 529, 529 (Fla. 4th DCA 2005) (re-designating a petition for writ of certiorari concerning an order modifying visitation rights and awarding attorney’s fees as a non-final appeal under rule 9.130(a)(3)(C)(iii)); Doyle v. Owens, 881 So. 2d 717, 718 (Fla.…
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Jade Winds Ass'n, Inc. v. Citibank, N.A., 63 So. 3d 819 (Fla. 3d DCA 2011)…rtg. Corp. of Am., L.P. v. Frankhouse, 551 So. 2d 599 (Fla. 4th DCA 1989) (reversing post-judgment order postponing foreclosure sale finding an abuse of discretion, and remanding with instructions to schedule judicial sale); see also Drago v. Drago, 895 So. 2d 529, 529 (Fla. 4th DCA 2005) (re-designating a petition for writ of certiorari concerning an order modifying visitation rights as reviewable as a non-final order under rule 9.130(a)(3)(C)(iii)). We also recognize that in Republic Federal Bank, N.A. v. D…
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Rayvon Jackson v. State, 908 So. 2d 1133 (Fla. 3d DCA 2005)…nclusively show that the defendant is not entitled to relief, or conduct other appropriate proceedings and then rule on the motion. Walker v. State, 432 So. 2d 727 (Fla. 3d DCA 1983); Jones v. State, 893 So. 2d 713 (Fla. 2d DCA 2005); Lowe v. State, 895 So. 2d 529 (Fla. 4th DCA 2005). Reversed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Albino Perriello v. State, 684 So. 2d 258 (Fla. 4th DCA 1996)
- HEN LIN LU v. State, 683 So. 2d 1110 (Fla. 4th DCA 1996)