Meyer v. State

District Court of Appeal of Florida

Meyer v. State

69 So. 3d 1037, 2011 Fla. App. LEXIS 14668, 2011 WL 4102302

CourtDistrict Court of Appeal of Florida

DecidedSeptember 16, 2011

Docket5D11-2430

StatusPublished

Cited by3 cases

This text of 69 So. 3d 1037 (Meyer 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

Meyer v. State, 69 So. 3d 1037, 2011 Fla. App. LEXIS 14668, 2011 WL 4102302 (Fla. Ct. App. 2011).

Pincite

Opinion

PER CURIAM.

The Appellant, Paul Meyer, Jr., seeks review of an order summarily denying his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Appellant’s motion as successive, but did not attach to its denial order the previous motion and denial to demonstrate the suc-cessiveness of the motion. See Bryant v. *1038 State, 944 So.2d 1016 (Fla. 3d DCA 2005); Smith v. State, 719 So.2d 1017 (Fla. 4th DCA 1998).

The order summarily denying post conviction relief is therefore reversed. The cause is remanded to the trial court, either for attachment of the previous motion and denial that demonstrate the successiveness of Appellant’s motion or for consideration of the motion on its merits.

REVERSED.

ORFINGER, C.J., PALMER and JACOBUS, JJ., concur.

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