Beard v. State, 827 So. 2d 1021 (Fla. 2d DCA 2002). · Go Syfert
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Beard v. State, 827 So. 2d 1021 (Fla. 2d DCA 2002). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2020–2023 · …similarly, when a defendant files a motion requesting leave to amend before the trial court rules and before the limitations period expires, the trial court must allow the amendment prior to ruling on the motion ⚠ not in text
12 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: Marcus Blackmon v. State of Florida (fladistctapp, 2015-05-06)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Marcus Blackmon v. State of Florida
Fla. Dist. Ct. App. · 2015 · confidence medium
The defendant relies on Ramirez v. State, 854 So.2d 805, 806-07 (Fla. 2d DCA 2003), and Beard v. State, 827 So.2d 1021, 1021-22 (Fla. 2d DCA 2002).
discussed Cited as authority (rule) McAbee v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
See Gaskin v. State, 737 So.2d 509, 517-18 (Fla.1999); Ramirez v. State, 854 So.2d 805, 806-07 (Fla. 2d DCA 2003) (holding trial court erred in not considering merits of new allegations in rule 3.850 amendment, even though order denying original motion in part had been entered, where court had not entered final order disposing of original motion); Beard v. State, 827 So.2d 1021, 1021 (Fla. 2d DCA 2002); Lang v. State, 826 So.2d 433, 435 (Fla. 2d DCA 2002); Harris v. State, 826 So.2d 340, 341 (Fla. 2d DCA 2002) (holding failure to rule on merits of supplement was error).
cited Cited as authority (rule) Norris v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
Beard v. State, 827 So.2d 1021, 1021 (Fla. 2d DCA 2002).
cited Cited "see" Ramirez v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Beard v. State, 827 So.2d 1021, 1021 (Fla. 2d DCA 2002); Lang v. State, 826 So.2d 433, 435 (Fla. 2d DCA 2002).
Retrieving the full opinion text from the archive…
Larry R. BEARD, Appellant,
v.
STATE of Florida, Appellee.
2D02-1649, 2D02-2277.
District Court of Appeal of Florida, Second District.
Aug 7, 2002.
827 So. 2d 1021
Blue.
Cited by 10 opinions  |  Published

BLUE, Chief Judge.

In case 2D02-1649, Larry R. Beard appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part. In case 2D02-2277, he also appeals the dismissal of a second rule 3.850 motion as successive. We dismiss this appeal as moot.

Beard claimed four grounds for postconviction relief. Then he moved to amend his rule 3.850 motion within the two-year time limit and prior to the trial court's ruling on the original motion. The trial court properly denied relief on the original four grounds, and we affirm that denial without comment. But the trial court ruled on these original grounds without ever ruling on Beard's motion to amend. When Beard raised this issue in his motion for rehearing, the trial court denied the motion for rehearing without explanation.

New issues may be added to a rule 3.850 motion if the trial court has not yet ruled on the motion and the amendment is filed within the two-year time limit. Gaskin v. State, 737 So.2d 509 (Fla.1999); Harris v. State, 27 Fla. L. Weekly D954, 2002 WL 727162 (Fla. 2d DCA Apr.26, 2002). Since Beard's motion met these requirements, the trial court should have allowed the amendment. Therefore, we reverse in part. On remand, Beard must be allowed to amend his original rule 3.850 motion, and the trial court must rule on these amendments without denying them as successive.

The dismissal of Beard's second rule 3.850 motion as successive is now moot since Beard may raise any of these issues when he amends the original rule 3.850 motion.

[*1022] Case 2D02-1649 is affirmed in part, reversed in part, and remanded; case 2D02-2277 is dismissed as moot.

FULMER and DAVIS, JJ., concur.