Tate v. Singletary

District Court of Appeal of Florida

Tate v. Singletary

716 So. 2d 289, 1998 Fla. App. LEXIS 8483, 1998 WL 390453

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1998

DocketNo. 97-2394

StatusPublished

Cited by3 cases

This text of 716 So. 2d 289 (Tate v. Singletary) 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

Tate v. Singletary, 716 So. 2d 289, 1998 Fla. App. LEXIS 8483, 1998 WL 390453 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We grant defendant’s June 18, 1997 petition for belated review of the trial court’s July 21, 1995 order denying his Rule 3.850 motion.¹ After conducting an evidentiary hearing on defendant’s motion, the court entered an order that did not advise defendant that he must file a notice of appeal within 30 days of rendition of the order. Fla. R.App. P. 3.850. Defendant is therefore entitled to a belated appeal. See State v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 1975). An order of this court shall be filed with the lower tribunal and treated as the notice of appeal in case numbers 92-24145, 92-24639, and 92-23768 in accordance with Florida Rule of Appellate Procedure 9.140(j)(5)(D).

Petition for belated appeal granted.

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PER CURIAM.

We grant defendant’s June 18, 1997 petition for belated review of the trial court’s July 21, 1995 order denying his Rule 3.850 motion.¹ After conducting an evidentiary hearing on defendant’s motion, the court entered an order that did not advise defendant that he must file a notice of appeal within 30 days of rendition of the order. Fla. R.App. P. 3.850. Defendant is therefore entitled to a belated appeal. See State v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 1975). An order of this court shall be filed with the lower tribunal and treated as the notice of appeal in case numbers 92-24145, 92-24639, and 92-23768 in accordance with Florida Rule of Appellate Procedure 9.140(j)(5)(D).

Petition for belated appeal granted.

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Bluebook (online)

716 So. 2d 289, 1998 Fla. App. LEXIS 8483, 1998 WL 390453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-singletary-fladistctapp-1998.

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