EMANUEL CHARLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EMANUEL CHARLES, APPELLANT,
STATE OF FLORIDA, APPELLEE
950 So. 2d 486
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*487] PER CURIAM.
Appellant Emanuel Charles appeals the trial court order dismissing his amended motion for postconviction relief, a third amended motion, a fourth amended motion, and a fifth amended motion, all for lack of jurisdiction. We affirm, without prejudice to his right to refile those motions once this court’s mandate issues in the pending appeal of his earlier motion for postconviction relief in our case number 03-3972. See Cross v. State, 834 So. 2d 961 (Fla. 4th DCA 2003); Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002); Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978).
STEVENSON, C.J., STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…prime example of cases which, despite being in conflict with the modern trend, have no negative treatment attached. However, the full list of conflicting cases is much longer: See Reed v. State, 978 So. 2d 230 (Fla. 4th DCA 2008); Charles v. State, 950 So. 2d 486 (Fla. 4th DCA 2007); Gunn v. State, 852 So. 2d 909 (Fla. 4th DCA 2003); Cross v. State, 834 So. 2d 961 (Fla. 4th DCA 2003); Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002); Lea-Scandrett v. State, 804 So. 2d 531 (Fla. 1st DCA 2002); Williams…
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Derick Reed v. State, 978 So. 2d 230 (Fla. 4th DCA 2008)…order denying his first rule 3.850 motion. Our affirmance is without prejudice to appellant’s right to refile the motion within thirty days after this court’s mandate issues in the pending appeal, case 4D07-3652, if necessary. See Charles v. State, 950 So. 2d 486 (Fla. 4th DCA 2007). WARNER, FARMER and STEVENSON, JJ., concur.…
Authorities Cited
- Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978)
- Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002)
- M.M. v. Dep't of Child. & Families, 834 So. 2d 961 (Fla. 4th DCA 2003)