RYAN ANDREW CONOVER
v.
STATE OF FLORIDA
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Mandamus does not lie to review a trial court's ruling for legal error, and a petition for certiorari filed more than thirty days after the trial court's order is untimely and lacks jurisdiction.
[1] A petition for writ of mandamus is not the proper vehicle to review a trial court's ruling for legal error; a petition for certiorari is the appropriate remedy for such r…
[2] A petition for certiorari filed more than thirty days after rendition of the trial court's order is untimely and deprives the appellate court of jurisdiction.
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Join FLexlaw to unlock all legal intelligence“Mandamus does not lie to review a trial court's ruling for legal error or to compel the court to rule in a certain way.”
Court explaining the limitations of mandamus jurisdiction
Petitioner sought a writ of mandamus to challenge the trial court's order striking his motion to dismiss based on immunity under Florida Statutes sect…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
RYAN ANDREW CONOVER, Petitioner,
v.
STATE OF FLORIDA, Respondent.
No. 4D22-315
[June 8, 2022]
Petition for writ of mandamus to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey Dana Gillen, Judge; L.T. Case No. 50-2021-CF-002648-AXXX-MB.
Carey Haughwout, Public Defender, and Gary Lee Caldwell, Assistant Public Defender, West Palm Beach, for petitioner.
Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for respondent.
PER CURIAM.
In this petition for writ of mandamus, the petitioner seeks review of an order striking his motion to dismiss asserting a claim of immunity under section 776.032, Florida Statutes, as untimely under Florida Rule of Criminal Procedure 3.190(c). Mandamus does not lie to review a trial court’s ruling for legal error or to compel the court to rule in a certain way. Smith v. Lambdin, 971 So. 2d 209, 210 (Fla. 4th DCA 2007); Gawker Media, LLC v. Bollea, 170 So. 3d 125, 131 (Fla. 2d DCA 2015). A petition for writ of certiorari would have been the proper vehicle to seek review of the trial court’s ruling. See Jefferson v. State, 264 So. 3d 1019, 1023 (Fla. 2d DCA 2018); Rogers v. State, 301 So. 3d 1083, 1083-84 (Fla. 1st DCA 2020); Casanova v. State, 335 So. 3d 1231, 1232 (Fla. 3d DCA 2021); Corbett v. State, No. 5D21-3166, 2022 WL 1509106, at *2 (Fla. 5th DCA May 13, 2022). However, we lack jurisdiction to consider the petition as a petition for writ of certiorari because it was filed more than thirty days after rendition of the trial court’s order. Fla. R. App. P. 9.020(h), 9.100(c)(1); see also Decktight Roofing Servs., Inc. v. Amwest
2
Sur. Ins., 841 So. 2d 667, 668 (Fla. 4th DCA 2003).
Petition dismissed.
DAMOORGIAN, CIKLIN and LEVINE, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gawker Media, LLC v. Bollea, 170 So. 3d 125 (Fla. 2d DCA 2015)
- Jefferson v. State, 264 So. 3d 1019 (Fla. 2d DCA 2018)
- Decktight Roofing Servs., Inc. v. Amwest Sur. Ins., 841 So. 2d 667 (Fla. 4th DCA 2003)
- Smith v. Lambdin, 971 So. 2d 209 (Fla. 4th DCA 2007)