We reverse the trial court’s summary denial of Nowlin’s motion filed under Flor*1213ida Rule of Criminal Procedure 3.850. On remand, the trial court should construe the motion as a petition for -writ of habeas corpus, and hold an evidentiary hearing to determine whether attorney Leo Thomas at any time agreed to file a'3.850 motion for Nowlin and failed to timely do so. Steele v. Kehoe, 747 So.2d 931 (Fla. 1999).