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Galindez v. State

District Court of Appeal of Florida, Second District
Oct 15, 2004
884 So. 2d 1077 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-3744.

October 15, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Daniel Lee Perry, Judge.


Heriberto Galindez filed a notice of appeal from the summary denial of his motion for postconviction relief. Subsequently it was discovered that the motion and the order under appeal were lost. Therefore the order appealed from is vacated and this cause is remanded for Galindez to refile his motion for postconviction relief within sixty days of the date of the mandate in this case. The trial court shall consider his motion filed as of the date of the filing of the original motion, April 5, 2004. See Parrish v. Parrish, 389 So.2d 8 (Fla. 3d DCA 1980).

Vacated and remanded.

CASANUEVA and VILLANTI, JJ., Concur.


Summaries of

Galindez v. State

District Court of Appeal of Florida, Second District
Oct 15, 2004
884 So. 2d 1077 (Fla. Dist. Ct. App. 2004)
Case details for

Galindez v. State

Case Details

Full title:Heriberto GALINDEZ, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Oct 15, 2004

Citations

884 So. 2d 1077 (Fla. Dist. Ct. App. 2004)