BRUCE ARMBRUSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-06-09
No. 5D06-370
THOMPSON, SAWAYA and PALMER, JJ., concur.
931 So. 2d 209 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 44 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Bruce Armbruster (defendant) appeals the trial court’s order denying his rule 3.850 motion for postconviction relief.1 Commendably, the State concedes that the trial court erred by denying the defendant’s motion to amend (which was filed before a ruling on the motion was entered) and his motion for voluntary dismissal of his original rule 3.850 motion. Accordingly, we reverse the trial court’s order and remand with instructions to dismiss the defendant’s initial rule 3.850 motion, without prejudice to defendant filing a timely amended motion.

REVERSED and REMANDED.

THOMPSON, SAWAYA and PALMER, JJ., concur. . See Fla. R.Crim. P. 3.850.


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Cited By (22 total)

  • Crittenden v. State, 67 So. 3d 1184 (Fla. 5th DCA 2011)
    …ng Marion County Fifth Circuit Court Case Nos. 95-2251-CF, 95-973-CF, and 95-1384-CF. See, e.g., Fox v. State, 60 So. 3d 1177, 1178 (Fla. 4th DCA 2011) (“All things must come to an end, and so it is with postconviction challenges.”); Britt v. State, 931 So. 2d 209, 210 (Fla. 5th DCA 2006) (finding that defendant’s “pro se filings have become frivolous, an abuse of process, and a waste of the taxpayers’ money”); Isley v. State, 652 So. 2d 409, 410-11 (Fla. 5th DCA 1995) (“Enough is enough.”). Any additional pl…
  • Johnson v. State, 941 So. 2d 533 (Fla. 5th DCA 2006)
    …1045 (Fla. 4th DCA 2006) (“Appellant’s repeated filing of frivolous appeals is diminishing this court’s ability to consider legitimate claims.”); Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”); see also Britt v. State, 931 So. 2d 209, 210 (Fla. 5th DCA 2006) (finding Britt’s pro se filings were “frivolous, an abuse of process, and a waste of the taxpayers’ money”). The Clerk of this court is directed not to accept any further pro se filings concerning this case from Ricardo Lop…
  • Nails v. State, 976 So. 2d 48 (Fla. 5th DCA 2008)
    …43 (Fla.2004) (explaining that a limit on successive claims is necessary to give due weight to the finality and* the presumption of legality of a final judgment, and to restore the public's confidence in our criminal justice system); Britt v. State, 931 So. 2d 209, 210 (Fla. 5th DCA 2006) (ruling defendant’s pro se filings were frivolous, an abuse of process, and a waste of the taxpayers’ money). Therefore, in order to conserve our strained postconviction judicial resources, [*50] and in accordance with the…

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