Turem v. State

District Court of Appeal of Florida

Turem v. State

259 So. 3d 985

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 2018

DocketCase No. 5D18-3052

StatusPublished

This text of 259 So. 3d 985 (Turem 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

Turem v. State, 259 So. 3d 985 (Fla. Ct. App. 2018).

Pincite

Opinion

PER CURIAM.

*986The lower court concluded that it lacked jurisdiction to address the merits of Appellant's third motion seeking postconviction relief, filed in August 2018, because an appeal of a previously denied motion remains pending. Because the new motion raises three grounds that are unrelated to those presented in the prior motion, the lower court erred in its conclusion. See Siskos v. State , 163 So.3d 739, 740 (Fla. 5th DCA 2015).

Accordingly, we reverse and remand this cause with directions that the lower court address the merits of Appellant's August 2018 motion.

REVERSED AND REMANDED.

ORFINGER, TORPY and GROSSHANS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

*986The lower court concluded that it lacked jurisdiction to address the merits of Appellant's third motion seeking postconviction relief, filed in August 2018, because an appeal of a previously denied motion remains pending. Because the new motion raises three grounds that are unrelated to those presented in the prior motion, the lower court erred in its conclusion. See Siskos v. State , 163 So.3d 739, 740 (Fla. 5th DCA 2015).

Accordingly, we reverse and remand this cause with directions that the lower court address the merits of Appellant's August 2018 motion.

REVERSED AND REMANDED.

ORFINGER, TORPY and GROSSHANS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

259 So. 3d 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turem-v-state-fladistctapp-2018.

Opinion

Related

Cite This Page — Counsel Stack