Florida District Courts of Appeal, 2000

Tally v. State

Florida District Courts of Appeal · Decided January 27, 2000 · Benton, Kahn, Shivers

751 So. 2d 152; 2000 Fla. App. LEXIS 695; 2000 WL 63140 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hagerman v. Hagerman (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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