G.R., APPELLANT,

v.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE

Citator

Cited By

• Adalberto Ramos v. State, 178 So. 3d 941 (Fla. 4th DCA 2015)
  …filed pursuant to Florida Rule of Criminal Procedure 3.850. One of his claims is that the trial cohrt failed to consider his “amended” motion. We agree and reverse and remand for further review of both of appellant’s motions. See Bradford v. State, 701 So. 2d 899 (Fla. 4th DCA 1997) (holding that trial court erred in failing to continue the evidentiary hearing on the original 8.850 motion until such time as the claims raised in the amended motion could also be considered), The amended motion was first filed…
• Esau Watson v. State, 732 So. 2d 469 (Fla. 4th DCA 1999)
  …PER CURIAM. The trial court erred when it denied appellant’s motion to amend his motion for post-conviction relief as untimely filed. In Bradford, v. State, 701 So. 2d 899 (Fla. 4th DCA 1997), we held: [W]hile the amended motion was not untimely in the jurisdictional sense, it was untimely from the standpoint of judicial administration since it was first presented at the evidentiary hearing. Nevertheless, in this ci…
• Himes v. State, 53 So. 3d 1218 (Fla. 1st DCA 2011)
  …amend a timely filed rule 3.850 motion as long as the amended motion is also within the two-year rule 3.850 filing window. See Harris v. State, 826 So. 2d 340 (Fla. 2d DCA 2002); Beard v. State, 827 So. 2d 1021 (Fla. 2d DCA 2002); Bradford v. State, 701 So. 2d 899, 900 (Fla. 4th DCA 1997). The amended motion was filed within the two-year rule 3.850 filing window. The state has conceded that the trial court should have considered and ruled on the appellant’s amended motion in its order denying relief of the or…