District Court of Appeal of Florida June 20, 2007, No. 4D07-568 (Hardy v. State)

PER CURIAM.

The appellant, Michael Hardy, appeals the summary denial of his motion for post-conviction relief. On appeal, Hardy claims the lower court erred by failing to rule on his “Motion to Dismiss or Withdraw 3.850” prior to ruling on the merits of the motion for postconviction relief. We agree, and the State has properly conceded error. Pursuant to Washington v. State, 937 So.2d 271 (Fla.