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11 Florida opinions name it 1 courts 2000–2026 2 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gill v. Stategreen2 sentences2026See Gill v. State, 829 So. 2d 299, 300 (Fla. 2d DCA 2002) ("Where a movant files a properly pleaded claim but incorrectly styles the postconviction motion in which it was raised, the trial court must treat the claim as if it had been filed in a properly styled motion."). 2016P. 3.850 motion, see, e.g., Gill v. State, 829 So.2d 299, 300 (Fla. 2d DCA 2002) (“Where a movant files a properly pleaded claim but incorrectly styles the post-conviction motion in which it was raised, *467 the trial court must treat the claim as if it had been filed in a properly styled motion”), and denied those claims without prejudice. | 5 | 5 |
bsp/port Orange v. Water Mill Propertiesgreen1 sentence2018See BSP , 969 So.2d at 1078 ; F.M.W. | 1 | 1 |
State v. McBridegreen1 sentence2014And considering the motion as such, it is not procedurally barred either by the doctrine of collateral estoppel under rule 3.800(a), see State v. McBride, 848 So.2d 287, 291 (Fla.2003), or as successive under rule 3.801, see Fla. R. | 1 | 1 |
Reese v. Stategreen1 sentence2007See, e.g., Reese v. State, 896 So.2d 807, 808 (Fla. 3d DCA 2005); Gill v. State, 829 So.2d 299, 300 (Fla. 2d DCA 2002) ("Where a movant files a properly pleaded claim but incorrectly styles the postconviction motion in which it was raised, the trial court must treat the claim as if it had been filed in a properly styled motion."). | 1 | 1 |
Hogan v. Stategreen1 sentence2002See Hogan v. State, 799 So.2d 1095 (Fla. 2d DCA 2001) (holding that properly pleaded rule 3.850 claim should have been treated as such by trial court even though motion was styled as one to correct sentence). | 1 | 1 |
Hill v. Stategreen1 sentence2001See Hill v. State, 754 So.2d 788 (Fla. 2d DCA 2000). | 1 | 1 |
Toro v. Stategreen1 sentence2001See Skullestad v. State, 790 So.2d 516 (Fla. 4th DCA 2001); Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). | 1 | 1 |
Skullestad v. Stategreen1 sentence2001See Skullestad v. State, 790 So.2d 516 (Fla. 4th DCA 2001); Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon
green
1 sentence2026Id. | 1 | 2026–2026 |
Tal-Mason v. State
green
1 sentence2000If Hill files either type of motion, he must demonstrate that the time he spent at DACCO was the functional equivalent of being in jail and overcome the hurdles posed by the supreme court's holding in Tal-Mason v. State, 515 So.2d 738 (Fla.1987). | 1 | 2000–2000 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.