Duhart v. State

District Court of Appeal of Florida

Duhart v. State

767 So. 2d 1257, 2000 Fla. App. LEXIS 11891, 2000 WL 1344671

Procedural entryThis page is a short order in Duhart v. State. Read the opinion of the Court — 724 So. 2d 1223 →

District Court of Appeal of Florida·Decided September 20, 2000·No. No. 3D00-1873·Published

Opinion

PER CURIAM.

On May 9, 2000, the trial court entered an order which denied the relief sought under Rule 3.850, Florida Rules of Criminal Procedure, “ ... because the jurat is legally insufficient.” (Citations omitted).

We deem the order of May 9, 2000, as being without prejudice to refile, and, upon issuance of the mandate, the trial court is hereby directed to consider the second motion filed as of July 14, 2000.

Affirmed and remanded with directions.

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PER CURIAM.

On May 9, 2000, the trial court entered an order which denied the relief sought under Rule 3.850, Florida Rules of Criminal Procedure, “ ... because the jurat is legally insufficient.” (Citations omitted).

We deem the order of May 9, 2000, as being without prejudice to refile, and, upon issuance of the mandate, the trial court is hereby directed to consider the second motion filed as of July 14, 2000.

Affirmed and remanded with directions.

Duhart v. State, 767 So. 2d 1257, 2000 Fla. App. LEXIS 11891, 2000 WL 1344671 (Fla. Ct. App. 2000).

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