BETTY MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BETTY MITCHELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
164 So. 3d 744
Florida District Court of Appeal, Second District (2015)
Caution
Cited by 1 case
Opinion of the Court
Betty Mitchell challenges the final order denying her motion for postconviction relief alleging multiple claims of ineffective assistance of counsel. She correctly argues that the postconviction court failed to make factual findings, either orally at the evidentiary hearing or in its written order, to support the denial of her claims. Accordingly, we reverse the final order and remand so that the court can make further findings of fact and conclusions of law as to the issues raised at the evidentiary hearing. See Fla. R. Crim. P. 3.850(f)(8)(A); Strianese v. State, 880 So.2d 759 (Fla. 2d DCA 2004); Hunter v. State, 87 So.3d 1273 (Fla. 1st DCA 2012).
Reversed and remanded with directions.
ALTENBERND and KHOUZAM, JJ., Concur.
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Citator
Cited By
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Mkt. Tampa Invs., LLC v. Goldia Marie Stobaugh, 177 So. 3d 31 (Fla. 2d DCA 2015)…So. 2d 1165, 1172 (Fla. 1st DCA 2006) (“An order denying a motion to intervene is final as to and ap-pealable by the movant.” (quoting Y.H. v. F.L.H., 784 So. 2d 565, 567-68 (Fla. 1st DCA 2001))); cf. Yankeetown Mgrnt., LLC v. SunTrust Mortg., Inc., 164 So. 3d 744, 745 (Fla. 2d DCA 2015) (“We dismiss the appeal because the appellant, Yankeetown Management[,] LLC, lacks standing to challenge the final judgment of foreclosure in this case. Yankeetown did not seek to intervene before the final judgment was rende…
Authorities Cited
- Hunter v. State, 87 So. 3d 1273 (Fla. 1st DCA 2012)
- Simmons v. State, 87 So. 3d 1273 (Fla. 1st DCA 2012)
- Strianese v. State, 880 So. 2d 759 (Fla. 2d DCA 2004)