Galindez v. State

District Court of Appeal of Florida

Galindez v. State

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 2004

DocketNo. 2D04-3744

StatusPublished

Cited by1 cases

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

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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.

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884 So. 2d 1077, 2004 Fla. App. LEXIS 15142, 2004 WL 2309128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galindez-v-state-fladistctapp-2004.

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