TRAVIS D. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Travis Smith appeals the denial of his rule 3.850 motion for postconviction relief. We affirm in part, but reverse and remand for reconsideration of two claims raised in Smith’s January 8, 2008 amended motion. The trial court denied Smith’s motion to amend as part of its order denying relief. However, Smith’s motion to amend was timely because it was filed before the trial court ruled on the original motion, and within two years from the date the mandate in his direct appeal was issued, May 25, 2007. Postconviction motions under rule 3.850 may be amended or supplemented at any time within the two-year time limit as long as the trial court has not yet ruled on the merits of the motion. Gaskin v. State, 737 So. 2d 509, 517-18 (Fla.1999); Oxendine v. State, 824 So. 2d 1022, 1023 (Fla. 5th DCA 2002); Samuels v. State, 973 So. 2d 662, 662 (Fla. 4th DCA 2008).
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, TORPY, and COHEN, JJ., concur.
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Smith v. State, 997 So. 2d 507 (Fla. 5th DCA 2008)…CURIAM. Travis Smith appeals the trial court’s order denying a motion for leave to amend his rule 3.850 motion. Because the trial court entered the subject order while a motion for rehearing was pending and before mandate issued in Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008), it lacked jurisdiction, and its order is a nullity. See Carter v. State, 929 So. 2d 1161, 1162 (Fla. 5th DCA 2006); Hankerson v. State, 879 So. 2d 71, 72 (Fla. 5th DCA 2004). Accordingly, we vacate the trial court’s order and…
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Sims v. NEW Falls Corp., 37 So. 3d 358 (Fla. 3d DCA 2010)…made.” Shaps v. Provident Life & Accident Ins. Co., 826 So. 2d 250, 254 n. 3 (Fla.2002) (citation and internal quotation marks omitted). “For contract cases, lex loci contractus will determine the applicable statute of limitations.” Lanoue v. Rizk, 987 So. 2d 724, 727 (Fla. 3d DCA 2008), review denied, 6 So. 3d 52 (Fla. 2009); see also Lumbermens Mut. Cas. Co. v. August, 530 So. 2d 293, 295 (Fla.1988); Johnson v. Allstate Ins. Co., 961 So. 2d 1113, 1114 (Fla. 2d DCA 2007). If the Florida statute of limitatio…1 / 2
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Harris v. State, 993 So. 2d 1176 (Fla. 5th DCA 2008)…enters a ruling on the merits of the defendant’s original motion, provided that the amended motion was filed within the rule’s two-year time limit and does not raise successive claims. See Gaskin v. State, 737 So. 2d 509 (Fla.1999); Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008); Oxendine v. State, 824 So. 2d 1022 (Fla. 5th DCA 2002). Applying this case law to the instant facts, we conclude that this matter must be remanded to the trial court for consideration of three of the four claims set forth in t…
Authorities Cited
- Gaskin v. State, 737 So. 2d 509 (Fla. 1999)
- Samuels v. State, 973 So. 2d 662 (Fla. 4th DCA 2008)
- F.S. v. State, 973 So. 2d 662 (Fla. 3d DCA 2008)
- Chutney Gerard Oxendine v. State, 824 So. 2d 1022 (Fla. 5th DCA 2002)