GREGORY FARNWORTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORY FARNWORTH, APPELLANT,
STATE OF FLORIDA, APPELLEE
34 So. 3d 251
Florida District Court of Appeal, Fourth District (2010)
Positive Treatment
Cited by 1 case
Opinion of the Court
Gregory Farnworth appeals the trial court’s order that summarily denied his rule 3.850 motion. Three of the points were denied “without prejudice.” Spera v. State, 971 So.2d 754 (Fla.2007). However, the order provided that Farnworth had thirty days to file an appeal. No provision was made to permit an amended filing.
We reverse the order on appeal and remand for the entry of a non-final order that gives Mr. Farnworth reasonable time to attempt to amend those points. See Lawrence v. State, 987 So.2d 157 (Fla. 2d DCA 2008). Should Farnworth fail to *252amend, the trial court may enter a final order disposing of all claims.
Reversed and remanded.
POLEN, DAMOORGIAN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Coratello v. State, 132 So. 3d 353 (Fla. 4th DCA 2014)
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Mason v. State, 987 So. 2d 157 (Fla. 5th DCA 2008)