Legal Opinion

Janson v. State

District Court of Appeal of Florida

Decided January 19, 2001No. 5D00-2766PublishedCited by 1 opinion

1Opinion of the CourtHarris, J.

The issue here is whether the trial court erred in refusing to grant an extension of time to file a motion for rehearing after the ruling on Janson’s Rule 3.850 motion because “motions for rehearing are not permitted” on motions for postconviction relief. We reverse. See Rule 3.850(g), Fla. R.Crim. P. (granting a fifteen-day period for the filing of a motion for rehearing “of any order denying a motion under this rule”); See also Sanders v. State, 611 So.2d 561 (Fla. 3d DCA 1992).

REVERSED and REMANDED.

THOMPSON, C.J., and SAWAYA, J., concur.

2Cases cited1 opinion

  1. Sanders v. StateDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Nguyen v. StateDistrict Court of Appeal of Florida · 2004