Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1981

Hartley v. State

Hartley v. State
Florida District Courts of Appeal · Decided January 28, 1981 · Boardman, Campbell, Ott
392 So. 2d 1036; 1981 Fla. App. LEXIS 18724 (Southern Reporter, Second Series)

Hartley v. State

Opinion of the Court

PER CURIAM.

We reverse and set aside the summary denial of appellant’s Rule 3.850 motion. The lower judge erroneously noted under his denial that the case was on appeal and he apparently denied the motion, believing that he was without jurisdiction to hear it. Because no appeal appears in this case we remand to the lower court for an evidentia-ry hearing on appellant’s Rule 3.850 motion.

REVERSED and REMANDED.

BOARDMAN, Acting C. J., and OTT and CAMPBELL, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑