ALPHONSO MCBRIDE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the failure to enter a formal order on a post-conviction motion constitutes an inappropriate delay and warrants the issuance of a writ of mandamus.
Petitioner filed a motion for post-conviction relief, which the judge orally denied but never formally entered. The appellate court issued an order to…
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PER CURIAM.
The matter is before us upon Petition For Writ of Mandamus and Responses of the State of Florida which agree that Petitioner is entitled to relief.
It appears that Petitioner duly filed his Motion For Post-Conviction Relief, pursuant to Florida Rule of Criminal Procedure 3.850, in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, sometime in March, 1983. It appears that the Honorable G. Kendall Sharp, Circuit Judge, endorsed the original motion in his handwriting “motion denied 3/14/83.” However, no formal order has been filed or rendered. We issued an order to show cause on October 31, 1983, and, to date, a proper order has not been entered. The failure to promptly issue a formal order results in an inappropriate delay as concerns Petitioner’s appellate rights.
We grant the petition for Writ of Mandamus. Flagship Nat. Bank of Miami v. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983); State ex rel. Locke v. Sandler, 156 Fla. 136, 23 So. 2d 276 (1945); State ex rel. Palmer v. Atkinson, 116 Fla. 366, 156 So. 726 (1934).
We respectfully direct the Honorable G. Kendall Sharp, Circuit Judge, or his successor, to enter a formal ruling upon Petitioner’s Motion For Post-Conviction Relief, in accordance with Florida Rule of Criminal Procedure 3.850, within ten (10) days of receipt of this order, or from date issued. We are content that Respondent will comply with the directions of this Court without the necessity for the issuance of the peremptory writ.
Petition for Writ of Mandamus is
GRANTED.
ANSTEAD, C.J., and DELL and WALDEN, JJ., concur.
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Dennis v. The Honorable Leonard Rivkind, 633 So. 2d 104 (Fla. 3d DCA 1994)…PER CURIAM. We grant the petition for writ of mandamus insofar as it seeks the entry of a written order ruling on petitioner’s Florida Rule of Criminal Procedure 3.800 motion. McBride v. State, 443 So. 2d 416 (Fla. 4th DCA 1984); see Kramp v. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990). We direct the trial court to enter a written order within 20 days. Writ issued.…
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Davis v. Twentieth Jud. Cir. Court, 491 So. 2d 1232 (Fla. 2d DCA 1986)…may be entitled to a writ of mandamus if a trial court refuses to rule on a pending motion for post-conviction relief or unreasonably delays the resolution of such a motion. See, e.g., Francois v. Klein, 431 So. 2d 165 (Fla.1983); McBride v. State, 443 So. 2d 416 (Fla. 4th DCA 1984). However, we decline to grant Davis’ petition because at the time the motion in question was filed Davis was in the process of appealing the denial of another series of post-conviction motions. The trial court’s ruling in that ca…
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Benczo v. The Honorable Lawrence L. Korda, 528 So. 2d 555 (Fla. 4th DCA 1988)…se on February 6, 1988. Furthermore, it did not receive copies of the status report or order to show cause. In any event, the failure to act on the motions results in an inappropriate delay concerning petitioner’s appellate rights. McBride v. State, 443 So. 2d 416 (Fla. 4th DCA 1984). Therefore, we grant the petition for writ of mandamus and respectfully direct The Honorable Lawrence L. Korda, or his successor, to enter an order either calling for any additional responses from the state or ruling on the pen…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vazquez v. Ailyn M. Rebaza Smith (Fla. 3d DCA 2021)
- State v. Atkinson, 116 Fla. 366 (Fla. 1934)
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- State v. Honorable Harry N. Sandler, 156 Fla. 136 (Fla. 1945)