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767 So. 2d 1257

Duhart v. State

District Court of Appeal of Florida

Decided September 20, 2000

District Court of Appeal of Florida · decided 2000-09-20

Decided 2000-09-20

PER CURIAM.

¶1On May 9, 2000, the trial court entered an order which denied the relief sought under Rule 3.850, Florida Rules of Criminal Procedure, “ ... because the jurat is legally insufficient.” (Citations omitted).

¶2We deem the order of May 9, 2000, as being without prejudice to refile, and, upon issuance of the mandate, the trial court is hereby directed to consider the second motion filed as of July 14, 2000.

¶3Affirmed and remanded with directions.

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