Tally v. State

District Court of Appeal of Florida

Tally v. State

751 So. 2d 152, 2000 Fla. App. LEXIS 695, 2000 WL 63140

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 2000

DocketNo. 1D99-2748

StatusPublished

Cited by1 cases

This text of 751 So. 2d 152 (Tally 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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Tally v. State, 751 So. 2d 152, 2000 Fla. App. LEXIS 695, 2000 WL 63140 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We find that appellant’s motion for rehearing of the order denying his 3.850 motion for postconviction relief was timely, contrary to the circuit court’s determination. See King v. State, 504 So.2d 405, 406-07 (Fla. 1st DCA 1987). We are unable to say that the motion for rehearing was altogether frivolous as the motion may have pointed out things the trial court overlooked, although we make no intimations in this regard. Accordingly, the order denying appellant’s motion for rehearing is REVERSED and this case is REMANDED for further proceedings.

KAHN, BENTON, JJ., and DOUGLASS B. SHIVERS, Senior Judge, CONCUR.

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PER CURIAM.

We find that appellant’s motion for rehearing of the order denying his 3.850 motion for postconviction relief was timely, contrary to the circuit court’s determination. See King v. State, 504 So.2d 405, 406-07 (Fla. 1st DCA 1987). We are unable to say that the motion for rehearing was altogether frivolous as the motion may have pointed out things the trial court overlooked, although we make no intimations in this regard. Accordingly, the order denying appellant’s motion for rehearing is REVERSED and this case is REMANDED for further proceedings.

KAHN, BENTON, JJ., and DOUGLASS B. SHIVERS, Senior Judge, CONCUR.

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751 So. 2d 152, 2000 Fla. App. LEXIS 695, 2000 WL 63140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tally-v-state-fladistctapp-2000.

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