Kirk v. State (707 So. 2d 948, 1998)

PER CURIAM.

The final order of the trial court is reversed and the cause is remanded with instructions to rule on the merits of appellant’s motion for post-conviction relief pursuant to Florida Rule of Appellate Procedure 3.850. See, State v. Reynolds, 238 So.2d 598 (Fla.1970); Demps v. State, 696 So.2d 1296 (Fla. 3d DCA 1997).

MICKLE and DAVIS, JJ., and McDONALD, PARKER LEE, Senior Judge, concur.