Legal Opinion

Eric Lucas v. State

District Court of Appeal of Florida

Decided September 10, 2014No. 4D14-172PublishedCited by 4 opinions

1Per curiam

We reverse the trial court’s order which struck appellant’s rule 3.850 motion based on insufficiency of one claim. Appellant filed a premature appeal of the order which had granted leave to amend within thirty days. The postconviction time limit expired. Pursuant to Christner v. State, 984 So.2d 561 (Fla. 2d DCA 2008), we relinquished jurisdiction to the trial court. The court responded explaining that no amended motion had been filed within the time provided. The trial court entered a final order adopting its prior order striking the motion in its entirety.

In the claim at issue, appellant…

2Cases cited3 opinions

  1. Nelson v. StateSupreme Court of Florida · 2004
  2. Terrell v. StateDistrict Court of Appeal of Florida · 2009
  3. Christner v. StateDistrict Court of Appeal of Florida · 2008

3Cited by4 opinions

  1. State of Florida v. Eric LucasSupreme Court of Florida · 2016
  2. Eric Lucas v. Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2021
  3. Jose Ramon Nieves Rivera v. State of FloridaDistrict Court of Appeal of Florida · 2025
  4. State of Florida v. Eric LucasSupreme Court of Florida · 2016

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