DAVEL M. ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVEL M. ROSS, APPELLANT,
STATE OF FLORIDA, APPELLEE
64 So. 3d 1283
Florida District Court of Appeal, Second District (2011)
Caution
Cited by 8 cases
Opinion of the Court
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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In the Interest of R.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 118 So. 3d 924 (Fla. 2d DCA 2013)…s that the trial court’s visitation provision is nonspecific and runs afoul of statutory requirements. We have held that a nonspecific visitation requirement does not comply with section 39.6221(2)(c). See S.W-R. v. Dep’t of Children & Family Sens., 64 So. 3d 1283, 1284 (Fla. 2d DCA 2011) (holding that visitation cannot be left to the discretion of either of the parties). Here, the trial court ordered visitation as to D.C. be supervised at all times by the child’s therapist, the permanent guardian, or an adul…
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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…
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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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- Pelmon Arnold v. State, 884 So. 2d 417 (Fla. 5th DCA 2004)
- Drake Pritchett v. State, 884 So. 2d 417 (Fla. 2d DCA 2004)