KEVIN GROGIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-10-22
No. 4D08-3283
POLEN, TAYLOR and MAY, JJ., concur.
993 So. 2d 133 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. However, our affirmance is without prejudice to appellant seeking administrative remedies with the Department of Corrections, if he seeks to challenge the department’s calculation of prison credit. See Grimes v. State, 657 So. 2d 938 (Fla. 1st DCA 1995).

POLEN, TAYLOR and MAY, JJ., concur.


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  • Havens v. State, 27 So. 3d 803 (Fla. 2d DCA 2010)
    …e, 984 So. 2d 561, 562 (Fla. 2d DCA 2008). Therefore, the circuit court’s notice to Havens that he had the right to appeal the order was erroneous. We have addressed this anomaly in Christner, id,., and subsequent cases. See, e.g., Koszegi v. State, 993 So. 2d 133 (Fla. 2d DCA 2008); Lawrence v. State, 987 So. 2d 157 (Fla. 2d DCA 2008). This case differs from the situation in Christner because it appears that Havens did file an amended motion, which was ultimately denied. However, the circuit court lacked ju…
  • Cliff Verity v. State, 56 So. 3d 77 (Fla. 2d DCA 2011)
    …ttempt to amend the claim results in another insufficiently pleaded ground for relief. A disposition on the merits will also follow if the defendant fails to file an amended motion within the allotted time. See id. at 159; see also Koszegi v. State, 993 So. 2d 133, 134 (Fla. 2d DCA 2008). If the defendant then chooses to appeal the disposition, the district court will have a final order for review. Prior to the implementation of the Spera procedures, this court, in reversing the dismissal of a postconviction…
  • Piper v. State, 21 So. 3d 902 (Fla. 2d DCA 2009)
    …court may enter a final order that is a disposition on the ground’s merits. If Mr. Piper timely files an amended ground with a proper oath, the postconviction court shall consider the ground and dispose of it in a final order. See Koszegi v. State, 993 So. 2d 133,134 (Fla. 2d DCA 2008). Reversed and remanded. WHATLEY and LaROSE, JJ., Concur. . We use the term “generally'' because there certainly may be situations in which this practice is acceptable, i.e., the movant is physically unable to sign.…

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