Ellis v. State

District Court of Appeal of Florida

Ellis v. State

696 So. 2d 458, 1997 Fla. App. LEXIS 7542, 1997 WL 361777

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1997

DocketNo. 97-1617

StatusPublished

This text of 696 So. 2d 458 (Ellis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ellis v. State, 696 So. 2d 458, 1997 Fla. App. LEXIS 7542, 1997 WL 361777 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The trial court summarily denied appellant’s motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court’s order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla.1993).

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

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PER CURIAM.

The trial court summarily denied appellant’s motion for post-conviction relief because it did not contain a proper oath and verification as required by rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand. The trial court’s order should have been without prejudice to appellant to timely file a motion for post-conviction relief that conforms to the requirements of rule 3.850 and 3.987. See Anderson v. State, 627 So.2d 1170 (Fla.1993).

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

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696 So. 2d 458, 1997 Fla. App. LEXIS 7542, 1997 WL 361777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-state-fladistctapp-1997.

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