FARNWORTH v. State

District Court of Appeal of Florida

FARNWORTH v. State

34 So. 3d 251, 2010 Fla. App. LEXIS 7312, 2010 WL 2076969

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 2010

Docket4D09-1602

StatusPublished

Cited by1 cases

This text of 34 So. 3d 251 (FARNWORTH 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.

Bluebook

FARNWORTH v. State, 34 So. 3d 251, 2010 Fla. App. LEXIS 7312, 2010 WL 2076969 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

Gregory Farnworth appeals the trial court’s order that summarily denied his rule 3.850 motion. Three of the points were denied “without prejudice.” Spera v. State, 971 So.2d 754 (Fla.2007). However, the order provided that Farnworth had thirty days to file an appeal. No provision was made to permit an amended filing.

We reverse the order on appeal and remand for the entry of a non-final order that gives Mr. Farnworth reasonable time to attempt to amend those points. See Lawrence v. State, 987 So.2d 157 (Fla. 2d DCA 2008). Should Farnworth fail to *252 amend, the trial court may enter a final order disposing of all claims.

Reversed and remanded.

POLEN, DAMOORGIAN and LEVINE, JJ., concur.

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