ANTHONY G. DYER, APPELLANT,
v.
DAWN M. DYER, APPELLEE

Fla. 2d DCA | 2011-12-30
No. 2D11-1598
ALTENBERND, CASANUEVA, and WALLACE, JJ., Concur.
76 So. 3d 406 Florida District Court of Appeal, Second District (2011) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Anthony Dyer appeals from an amended final judgment of injunction for protection against domestic violence with minor children. Appellee Dawn Dyer concedes that the judgment should be reversed based on the grounds raised in the initial brief. We therefore reverse and remand for the trial court to vacate the amended final judgment of injunction for protection against domestic violence with minor children.

ALTENBERND, CASANUEVA, and WALLACE, JJ., Concur.


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    …e for the relief’ sought (jail credit). This is not correct. A jail credit claim that cannot be determined based upon the face of the record must be raised in a timely rule 8.850 motion if it is to be considered at all. See, e.g., Schlumpf v. State, 76 So. 3d 406 (Fla. 2d DCA 2011). As Dove’s motion was filed within two years of the judgment and sentence becoming final, included the requisite oath, and otherwise met the content requirements of rule 3.850, it should have been considered on the merits. Accordi…

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