VICTOR M. MADRIGAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR M. MADRIGAL, APPELLANT,
STATE OF FLORIDA, APPELLEE
969 So. 2d 1204
Florida District Court of Appeal, Second District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Victor Madrigal appeals an order summarily denying his motion to correct or modify sentence. See Fla. R.Crim. P. 3.800(c). We treat the motion as a timely filed petition for writ of certiorari. See Seward v. State, 912 So. 2d 389, 390 (Fla. 2d DCA 2005). Based on our precedent, we grant the petition, quash the order, and remand to the postconviction court to consider the merits of Mr. Madrigal’s motion. See McCormick v. State, 961 So. 2d 1099, 1102 (Fla. 2d DCA 2007); Cunniff v. State, 950 So. 2d 1255, 1256 (Fla. 2d DCA 2007).
SALCINES, WALLACE, and LaROSE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Real Invs., LLC v. The Oaks Grp., Inc., 973 So. 2d 643 (Fla. 4th DCA 2008)…he purchaser did not prevail in the litigation. We initially stayed this appeal as being moot, because the trial court entered a summary judgment in favor of the seller. Our reversal of the summary judgment, Real Investments LLC v. Oaks Group, Inc., 969 So. 2d 1204 (Fla. 4th DCA 2007), makes the bond issue ripe, but we deny relief. The contract, which became effective in February, 2005, provided for a sales price of $2.9 million. At the hearing to determine the amount of the lis pendens bond, the seller prov…
Authorities Cited
- McCORMICK v. State, 961 So. 2d 1099 (Fla. 2d DCA 2007)
- Seward v. State, 912 So. 2d 389 (Fla. 2d DCA 2005)
- Cunniff v. State, 950 So. 2d 1255 (Fla. 2d DCA 2007)