Galindez v. State

District Court of Appeal of Florida

Galindez v. State

884 So. 2d 1077, 2004 Fla. App. LEXIS 15142, 2004 WL 2309128

District Court of Appeal of Florida·Decided October 15, 2004·No. No. 2D04-3744·Published·Cited by 1 cases

Opinion

DAVIS, Judge.

Heriberto Galindez filed a notice of appeal from the summary denial of his motion for postconviction relief. Subsequently it was discovered that the motion and the order under appeal were lost. Therefore the order appealed from is vacated and this cause is remanded for Galindez to refile his motion for postconviction relief within sixty days of the date of the mandate in this case. The trial court shall consider his motion filed as of the date of the filing of the original motion, April 5, 2004. See Parrish v. Parrish, 389 So.2d 8 (Fla. 3d DCA 1980).

Vacated and remanded.

CASANUEVA and VILLANTI, JJ., Concur.

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DAVIS, Judge.

Heriberto Galindez filed a notice of appeal from the summary denial of his motion for postconviction relief. Subsequently it was discovered that the motion and the order under appeal were lost. Therefore the order appealed from is vacated and this cause is remanded for Galindez to refile his motion for postconviction relief within sixty days of the date of the mandate in this case. The trial court shall consider his motion filed as of the date of the filing of the original motion, April 5, 2004. See Parrish v. Parrish, 389 So.2d 8 (Fla. 3d DCA 1980).

Vacated and remanded.

CASANUEVA and VILLANTI, JJ., Concur.

Galindez v. State, 884 So. 2d 1077, 2004 Fla. App. LEXIS 15142, 2004 WL 2309128 (Fla. Ct. App. 2004).

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Opinion

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