WILLIE C. FORD JR.
v.
STATE OF FLORIDA
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A defendant appealed the dismissal of multiple grounds in a postconviction relief motion, arguing that the trial court erred by dismissing the motion as untimely without establishing a clear filing deadline. The appellate court held that a court cannot enforce a filing deadline that must be inferred by the parties, and reversed the dismissal of most grounds for consideration on the merits.
A court cannot enforce a filing deadline which must be inferred by a party. The trial court's dismissal of Grounds 2, 3, 4, 5, 7, 8, 9, 10, and 11 was reversed and remanded for consideration on the merits, while the denial of remaining grounds was affirmed.
[1] A trial court cannot enforce a filing deadline that must be inferred by a party; an explicit and unambiguous deadline must be set forth in an order dismissing a postconvi…
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Join FLexlaw to unlock all legal intelligence“It is well-established that a court cannot enforce a filing deadline which must be inferred by a party.”
The court stated this established principle when determining that the trial court erred by not explicitly specifying a refiling deadline.
The defendant initially filed a motion in July 2015 and inferred a new filing deadline of April 4, 2016, based on a sixty-day re-filing window and the…
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inferred that his new filing deadline was April 4, 2016, based on (a) the sixty-day re-filing window granted as to the initial motion filed in July of 2015, and (b) the date that the appeal on the rule 3.800 motion concluded, which was February 2, 2016. It is well-established that a court cannot enforce a filing deadline which must be inferred by a party. See Armstrong v. State, 989 So. 2d 1291, 1292 (Fla. 4th DCA 2008) (“‘Facially insufficient motions should be denied without prejudice to refile a sufficient amended motion within an appropriate time period set forth in the order before dismissal or summary denial can be entertained.’” (quoting Woods v. State, 963 So. 2d 348, 349 (Fla. 4th DCA 2007)); Brigham v. State, 950 So. 2d 1274, 1275 (Fla. 2d DCA 2007) (concluding that the trial court erred by dismissing the amended motion for postconviction relief as untimely where the order dismissing the original motion granted leave to amend, but did not specify a deadline). As the State now concedes, the order dismissing Grounds 2, 3, 4, 5, 7, 8, 9, 10, and 11 of the instant motion must be reversed and the claims remanded for consideration on the merits. The denial of all remaining grounds is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. WOLF, LEWIS, and ROWE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Willie C. Ford Jr., pro se, Appellant. Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.
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Citator
Authorities Cited
- Brigham v. State, 950 So. 2d 1274 (Fla. 2d DCA 2007)
- Philmon Mowatt v. State, 963 So. 2d 348 (Fla. 4th DCA 2007)
- Woods v. State, 963 So. 2d 348 (Fla. 4th DCA 2007)
- Armstrong v. State, 989 So. 2d 1291 (Fla. 4th DCA 2008)