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884 So. 2d 1077

Galindez v. State

District Court of Appeal of Florida

Decided October 15, 2004

District Court of Appeal of Florida · decided 2004-10-15

Cited by 3 later decisions — most recently October 2006

3 state decisions

Relies on Ware v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-10-15

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DAVIS, Judge.

¶1Heriberto Galindez filed a notice of appeal from the summary denial of his motion for postconviction relief. Subsequently it was discovered that the motion and the order under appeal were lost. Therefore the order appealed from is vacated and this cause is remanded for Galindez to refile his motion for postconviction relief within sixty days of the date of the mandate in this case. The trial court shall consider his motion filed as of the date of the filing of the original motion, April 5, 2004. See Parrish v. Parrish, 389 So.2d 8 (Fla. 3d DCA 1980).

¶2Vacated and remanded.

CASANUEVA and VILLANTI, JJ., Concur.
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