JERMAINE PURSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-02-05
No. 5D15-2052
LAWSON, C.J., SAWÁYA and BERGER, JJ., concur.
185 So. 3d 627 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 18 cases
Topics
Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Jermaine Purse appeals the trial court’s denial of his motion for postconviction relief pursuant to Florida Rule of Appellate Procedure 3.850.' We find no error in the denial of grounds one through six of his motion. Accordingly, wé affirm on these issues without further discussion.

As to grounds' seven,' eight, and nine of the 3.850 motion, Purse contends that the trial court erred in failing to address those grounds. The State concedes that the trial court’s orders dealt only with grounds one through six. Accordingly, on remand, the trial court shall address the issues contained in grounds seven, eight, and nine. See Gonzalez v. State, 829 So.2d 323, 324 (Fla.2d DCA 2002) (“We affirm, without comment, the issues addressed in the trial court’s order, but we reverse and remand for consideration of an issue that the trial court failed to address.”).

AFFIRMED in part; REVERSED in part; and REMANDED , with directions.

LAWSON, C.J., SAWÁYA and BERGER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (11 total)

  • Saint Luc Jean Noel v. James B. Nutter & Co., 232 So. 3d 1112 (Fla. 3d DCA 2017)
    …from final judgement of attorney’s fees. II. STANDARD OF REVIEW The denial of a motion for relief from final judgment under Florida Rule of Civil Procedure 1.540(b) is reviewed for an abuse of discretion. See Ocwen Loan Servicing, LLC v. Brogdon, 185 So. 3d 627, 629 (Fla. 5th DCA 2016); SunTrust Mortg. v. Torrenga, 153 So. 3d 952, 953 (Fla. 4th DCA 2014); Acosta v. Deutsche Bank Nat’l Tr. Co., 88 So. 3d 415, 417 (Fla. 4th DCA 2012). III. ANALYSIS The appellants and their counsel sought relief under rule…
  • U.S. Bank Nat'l Ass'n v. Martinez, 188 So. 3d 107 (Fla. 5th DCA 2016)
    …le v. Crumbly Bros., Inc., 899 So. 2d 1262, 1263 (Fla. 2d DCA 2005). In the instant case, no such findings were made. Additionally, the Bank’s motion set forth prima facie grounds to set aside the dismissal. See Ocwen Loan Servicing, LLC v. Brogdon, 185 So. 3d 627, 628 (Fla. 5th DCA 2016) (reversing trial court’s dismissal of foreclosure complaint without prejudice, where counsel’s failure to appear at hearing due [*109] to inadvertent secretarial error amounted to excusable neglect under Florida Rule of Civi…
  • Pipeline Constructors, Inc. v. The Transition House, Inc., 257 So. 3d 606 (Fla. 1st DCA 2018)

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