461 So. 2d 207

Gordon David WIRT, Appellant, v. STATE of Florida, Appellee.

No. BA-113.

District Court of Appeal of Florida, First District.

Dec. 17, 1984.

Gordon David Wirt, pro se.

Jim Smith, Atty. Gen., for appellee.

WENTWORTH, Judge.

Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. In denying appellant’s motion the court declined to rule on the merits thereof, indicating merely that it was “without jurisdiction.” However, no jurisdictional defect is'apparent on the face of appellant’s motion. The court should therefore attach supporting documentation indicating a lack of jurisdiction; if such documentation is not provided the court should consider the merits of appellant’s motion.

Accordingly, the order appealed is reversed and the cause remanded with directions that the court either attach supporting documentation or consider the merits of appellant’s motion.

MILLS and SHIVERS, JJ., concur.

Wirt v. State
461 So. 2d 207

Case Details

Name
Wirt v. State
Decision Date
Dec 17, 1984
Citations

461 So. 2d 207

Jurisdiction
Florida

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