JOHN JOSEPH BENCZO, PETITIONER,
v.
THE HONORABLE LAWRENCE L. KORDA, JUDGE OF THE 17TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT
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Petitioner sought a writ of mandamus to compel a circuit court judge to rule on two pending motions for post-conviction relief filed in December 1987. The appellate court granted the petition, finding that the judge's failure to act on the motions caused inappropriate delay of petitioner's appellate rights.
The court granted the petition for writ of mandamus, holding that the judge's failure to act on the post-conviction relief motions resulted in inappropriate delay of petitioner's appellate rights and directing the judge to enter an order either calling for additional responses or ruling on the pending motions within thirty days.
[1] A writ of mandamus may be granted to compel a trial court to rule on pending post-conviction relief motions when an inappropriate delay has occurred.
[2] Failure to rule on post-conviction relief motions can result in an inappropriate delay concerning a petitioner's appellate rights.
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Join FLexlaw to unlock all legal intelligence“the failure to act on the motions results in an inappropriate delay concerning petitioner's appellate rights”
Establishes the legal basis for mandamus relief—that delay in ruling on post-conviction motions interferes with appellate rights
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Join FLexlaw to unlock all legal intelligencePetitioner filed two motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 in December 1987 in two separate criminal…
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PER CURIAM.
This matter is before us on a petition for writ of mandamus. It appears that petitioner filed two motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 in the Circuit Court of the Seventeenth Judicial Circuit in and for Bro-ward County, Florida, in December, 1987. The motions, each involving a separate criminal case, were processed through the clerk of the circuit court and directed to respondent, The Honorable Lawrence L. Korda. Petitioner alleges that, although a rule was issued in one of the cases directing the state to respond to the petition, no response has yet been filed and no orders disposing of the motions have been rendered to date. This court ordered a brief status report from respondent on April 21, 1988, which prompted a letter from the clerk of the circuit court confirming that the motions were filed and sent to respondent. The State of Florida alleges it did file a response 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 pending motions for post-conviction relief within thirty days of the date of this order. We are confident that respondent will comply with the directions of this court without the necessity for issuance of the peremptory writ.
Petition for writ of mandamus is granted.
HERSEY, C.J., and DOWNEY and STONE, JJ., concur.
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Moore v. The Honorable Stanton S. Kaplan, 640 So. 2d 199 (Fla. 4th DCA 1994)…ng. Because a failure to act on the motion results in an inappropriate delay concerning petitioner’s appellate rights, we are compelled to grant the petition for writ of mandamus. McBride v. State, 443 So. 2d 416 (Fla. 4th DCA 1984); Benczo v. Korda 528 So. 2d 555 (Fla. 4th DCA 1988). Therefore, we direct the Honorable Stanton S. Kaplan or his successor, to enter a formal ruling upon petitioner’s motion for post-conviction relief within thirty days of receipt of this order. We are confident that respondent…
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Samuels v. State, 701 So. 2d 916 (Fla. 4th DCA 1997)…rt has failed to act without undue delay in entering these orders announced orally in 1992, and possibly in failing as well to apprise Petitioner of the right to timely appeal them upon their rendition, mandamus will be granted. See Benczo v. Korda, 528 So. 2d 555 (Fla. 4th DCA 1988); see also Bower v. Gersten, 642 So. 2d 849 (Fla. 3d DCA 1994). We grant this petition for mandamus, but will withhold issuance of the actual writ on the presumption that the trial court will promptly comply with this opinion an…
Authorities Cited
- Alphonso McBRIDE v. State, 443 So. 2d 416 (Fla. 4th DCA 1984)