ROBERT E. MATTHEWS, PETITIONER,
v.
CIRCUIT COURT, ETC., RESPONDENT
Explore caselaw by topic → Browse Legal Remedies cases and more on FLexlaw
PER CURIAM.
In his petition for writ of mandamus, petitioner asserts that he filed a motion for post-conviction relief (Florida Rule of Criminal Procedure 3.850) on June 26, 1986, which was referred to the Honorable Emerson R. Thompson, Jr., Circuit Judge; that despite repeated requests by petitioner for a ruling on the motion, no such ruling has been forthcoming. We ordered a response to the petition, but no response has been filed. Petitioner has a clear legal right to a judicial ruling on his motion and the respondent circuit judge has a clear legal duty to rule on the motion. It has now been almost 17 months since the motion was filed. There being no other adequate legal remedy, the petition for writ of mandamus is granted and the Honorable Emerson R. Thompson, Jr. is hereby directed to promptly rule on petitioner’s 3.850 motion. Because we have confidence that the trial judge in this case will follow our directions, we withhold issuance of the formal writ at this time.
PETITION GRANTED.
ORFINGER, COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Livingston Mason v. Cir. Court, 603 So. 2d 94 (Fla. 5th DCA 1992)…hat the Department failed to respond to the Circuit Court’s order. Thus, the Circuit Court still has not ruled on the matter. Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time. Matthews v. Circuit Court, 515 So. 2d 1065 (Fla. 5th DCA 1987); Davis v. Twentieth Judicial Circuit Court, Lee County, 491 So. 2d 1232 (Fla. 2d DCA 1986); McBride v. State, 443 So. 2d 416 (Fla. 4th DCA 1984). Here, the court has not ruled apparently because of the Department’s failure to res…
-
Lewis v. State, 934 So. 2d 605 (Fla. 5th DCA 2006)…stands, Lewis’s motion for postconviction relief has been pending for approximately one year and a ruling has not been made. Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time. Matthews v. Circuit Court, 515 So. 2d 1065 (Fla. 5th DCA 1987). Given the status of the matter below, once the State responds to Lewis’s rule 3.850 motion, the trial court may grant relief, summarily deny relief, or order an eviden-tiary hearing. We have no way of knowing which of these will…
-
Aumiller v. State, 988 So. 2d 1239 (Fla. 5th DCA 2008)…rt dismiss the petition for writ of mandamus because “the circuit court is aware of the pending motion.” We decline to do so. Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time. Matthews v. Circuit Court, 515 So. 2d 1065 (Fla. 5th DCA 1987). “While we are loath to interfere with a trial judge’s management of his or her docket, we are concerned that the failure to rule” on Aumiller’s motion impairs his right of access to the courts and due process. Johnson v. State,…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence