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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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If a motion is filed on a 3.850 motion against ineffective

Customer Question

If a motion for reconsideration is filed on a 3.850 motion against ineffective council does this stop the clock of 30days to file the appeal to the district court or do you still only have 30 days from the time the judge answered the 3.850 motion? this is in the state of Florida
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Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

A motion filed under Fl. Rule 3.850 does not stay the time for filing an appeal. If the motion is approved, rendering the appeal unnecessary, the defendant can dismiss the appeal. The appeal can also be stayed if the Motion to Vacate or Set Aside the sentence is still pending when the Court of Appeals has docketed the case (that can take some time).

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