Legal Opinion

Linville v. State

District Court of Appeal of Florida

Decided November 29, 2018No. Case No. 5D18-1975Published

1Opinion of the CourtTorpy, J.

We withdraw our opinion in Linville v. State , 251 So.3d 352 (Fla. 5th DCA 2018), and substitute this opinion in its place.

By sworn application, Petitioner, an inmate at Gulf Correctional Institution,1 seeks a belated appeal from an order denying his motion for postconviction relief. In his petition, he asserts that "he timely provided a Notice of Appeal to officials for mailing, and the docket indicates that it was never received." Along with his petition, Petitioner furnished a copy of a notice of appeal bearing a dated stamp reflecting that the document had been "[p]rovided to Gulf…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Haag v. StateSupreme Court of Florida · 1992
  3. Thompson v. StateSupreme Court of Florida · 2000
  4. Griffin v. SistuenckSupreme Court of Florida · 2002
  5. Quilling v. PriceDistrict Court of Appeal of Florida · 2005

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API