CATALINO MELENDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CATALINO MELENDEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
963 So. 2d 871
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 5 cases
Opinion of the Court
ROTHENBERG, Judge.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).
Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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M.S. v. Dep't of Child. & Fam. Servs., 26 So. 3d 691 (Fla. 3d DCA 2010)…PER CURIAM. Affirmed. See L.M. v. Dep’t of Children & Family Servs., 963 So. 2d 871 (Fla. 3d DCA 2007).…
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E.M. v. Dep't OF Child. & Families, 28 So. 3d 199 (Fla. 3d DCA 2010)…s of the mother, M.S., to the child, X.M., we, now likewise, affirm the termination of parental rights as to the father, E.M. See M.S. v. Dep’t of Children & Family Servs., 26 So. 3d 691 (Fla. 3d DCA 2010); L.M. v. Dep’t of Children & Family Servs., 963 So. 2d 871 (Fla. 3d DCA 2007). Affirmed.…
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L.C. v. Dep't of Child. & Families (Fla. 3d DCA 2020)…d by competent substantial evidence in the record.” M.F. v. Dep’t. of Children & Families, 770 So. 2d 1189, 1192 (Fla. 2000) (citing In re Adoption of Baby E.A.W., 658 So. 2d 961, 967 (Fla. 1995)); see also L.M. v. Dep’t. of Children & Family Svcs., 963 So. 2d 871 (Fla. 3d DCA 2007). ANALYSIS Section 39.407(16), Florida Statutes, governs whether a person in the Mother’s circumstances may be ordered to submit to a substance abuse examination. It requires a showing of good cause before an order to compel a subs…