DAVEL M. ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2011-07-15
No. 2D10-5094
NORTHCUTT and CRENSHAW, JJ., Concur.
64 So. 3d 1283 Florida District Court of Appeal, Second District (2011) Caution
Cited by 8 cases

Opinion of the Court
BLACK, Judge.

BLACK, Judge.

Davel M. Ross appeals an order summarily denying the three claims in his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the summary denial of all three claims; however, we reverse for the postconviction court to address the merits of Mr. Ross’ amended motion, which was filed after the original motion, within the two-year time period, and prior to the trial court’s ruling on the original motion. See Pritchett v. State, 884 So.2d 417, 418 (Fla. 2d DCA 2004).

Affirmed in part; reversed in part.

NORTHCUTT and CRENSHAW, JJ., Concur.


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  • M.G. v. Dep't of Child. & Fam. Servs., 86 So. 3d 1149 (Fla. 3d DCA 2012)
    …ings and there is no record evidence to support a knowing and voluntary waiver of visitation by the mother. Accordingly, the trial court’s order placing the frequency of visitation at the custodians’ sole discretion was error. See In re J.L.R., Jr., 64 So. 3d 1283, 1284 (Fla. 2d DCA 2011) (finding the plain language of section 39.6221(2)(c) mandates a trial court to establish a specific visitation schedule rather than leaving visitation to the discretion of either of the parties). Reversed and remanded for e…
  • C.C. v. Dep't of Child. & Families, 108 So. 3d 699 (Fla. 5th DCA 2013)
    …e order also fails to comply with section 39.6221(2)(c), Florida Statutes (2012), which requires the trial court to “[s]pecify the frequency and nature of visitation or contact between the child and his or her parents.” See, e.g., In re J.L.R., Jr., 64 So. 3d 1283 (Fla. 2d DCA 2011).1 Accordingly, we reverse and re [*700] mand for entry of an amended order that meets the requirements of section 39.6221(2)(a) and (c), Florida Statutes. REVERSED AND REMANDED. GRIFFIN, PALMER and LAWSON, JJ., concur. . Al…

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