FRANKLIN MONFISTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Franklin Monfiston challenges the circuit court’s order denying his motion for postconviction relief as untimely filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant’s motion was filed within two years of the date that the Supreme Court of Florida disposed of his petition for review of this court’s decision on direct appeal. As such, his motion was timely filed. See Ortiz v. State, 4 So.3d 794 (Fla. 4th DCA 2009); Witt v. State, 861 So.2d 1292 (Fla. 5th DCA 2004); Perkins v. State, 845 So.2d 273 (Fla. 2d DCA 2003); Cargle v. State, 800 So.2d 698 (Fla. 1st DCA 2001).
Accordingly, we reverse and remand for the circuit court to entertain appellant’s motion for postconviction relief.
Reversed and Remanded.
STEVENSON, MAY and DAMOORGIAN, JJ., concur.
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Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321 (Fla. 1st DCA 2011)…a motion for rehearing, motion to vacate, or motion for relief from judgment in an attempt to correct this error; consequently, Appellants failed to preserve their otherwise meritorious argument. See, e.g., D.T. v. Fla. Dep’t of Children & Families, 54 So. 3d 632, 633 (Fla. 1st DCA 2011) (holding appellant failed to preserve argument that court’s order was deficient due to lack of statutorily required findings because she did not file a motion for rehearing); Holland v. Cheney Bros., Inc., 22 So. 3d 648, 650…
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J.S. v. Fla. Dep't of Child. & Families, 75 So. 3d 808 (Fla. 1st DCA 2011)…9) (Webster, J., dissenting). By contrast, orders on post-dependency motions that fully resolve the issues raised in the motion are generally reviewable under Florida Rule of Appellate Procedure 9.130(a)(4). See D.T. v. Dep’t of Children & Families, 54 So. 3d 632 (Fla. 1st DCA 2011) (affirming order denying motion for reunification); R.M. v. Dep’t of Children & Families, 19 So. 3d 1029 (Fla. 5th DCA 2009) (finding jurisdiction to review post-disposition dependency order pursuant to rule 9.130(a)(4), and reje…
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Nedge Nora Turnier v. Stockman, 139 So. 3d 397 (Fla. 3d DCA 2014)…ardian in this circumstance, “all of us here would be in agreement that it would be nice to have someone whose only perspective was that of the child’s.” We find this insufficient to preserve the issue. Cf. D.T. v. Fla. Dep’t of Children & Families, 54 So. 3d 632, 633 (Fla. 1st DCA 2011) (affirming statutory findings in dependency case where appellant “failed to preserve this issue by a motion for rehearing or to otherwise bring the claimed deficiency to the attention of the trial court at a point when it co…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Perkins v. State, 845 So. 2d 273 (Fla. 2d DCA 2003)
- Walker v. State, 800 So. 2d 698 (Fla. 5th DCA 2001)
- Rico L. Cargle v. State, 800 So. 2d 698 (Fla. 1st DCA 2001)
- Smith v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004)
- Witt v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004)
- Ortiz v. State, 4 So. 3d 794 (Fla. 4th DCA 2009)