DANIEL CALDERON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2015-04-15
No. 3D15-525
Before LAGOA, SALTER, and FERNANDEZ, JJ.
162 So. 3d 1062 Florida District Court of Appeal, Third District (2015) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.801(a). On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R. App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we reverse the' order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

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  • Smith v. Smith, 199 So. 3d 911 (Fla. 4th DCA 2016)
    …of the right to marry once the ward’s right to contract has been removedj ultimately the trial court is in the best position to determine whether the ward had the capacity to enter into the marriage. See Griffin Indus., LLC v. Dixie Southland Corp., 162 So. 3d 1062, 1066-67 (Fla. 4th DCA 2015) (stating the trial court is in the best position to evaluate and weigh the testimony and evidence and make factual findings). Whether the statute is prospective or allows for ratification, the order should be affirjmed.…
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