HARRELL
v.
STATE OF FLORIDA
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The dismissal of the postconviction relief motion was affirmed, but the case was remanded to correct a scrivener's error in the order identifying which motion was dismissed.
[1] A scrivener's error in a court order identifying the date of a dismissed motion may be corrected on remand even when the substantive dismissal is affirmed.
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Join FLexlaw to unlock all legal intelligenceGerald Harrell appealed the dismissal of his motion for postconviction relief from the Circuit Court for Hillsborough County.…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
GERALD HARRELL, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 2D2025-3043
April 24, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Michelle Sisco, Judge.
Robert Lawrence Sirianni, Winter Park, for Appellant.
PER CURIAM.
We affirm the order dismissing Gerald Harrell's motion for postconviction relief. However, we remand for correction of the scrivener's error in the directive. The order reflects that the November 20, 2023, motion is dismissed with prejudice instead of the November 22, 2023, motion.
LUCAS, C.J., and VILLANTI and BLACK, JJ., Concur.
Opinion subject to revision prior to official publication.