Kirk v. State

Full title: HAL KIRK, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 24, 1998

707 So. 2d 948 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-3000

Opinion filed March 24, 1998.

An appeal from the Circuit Court for Washington County. Russell A. Cole, Jr., Judge.

Hal Kirk, pro se, appellant.

Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

The final order of the trial court is reversed and the cause is remanded with instructions to rule on the merits of appellant's motion for post-conviction relief pursuant to Florida Rule of Appellate Procedure 3.850. See, State v. Reynolds, 238 So.2d 598 (Fla. 1970); Demps v. State, 696 So.2d 1296 (Fla. 3d DCA 1997).

MICKLE and DAVIS, JJ., and MCDONALD, PARKER LEE, SENIOR JUDGE, Concur.