RICHARD KEITH COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD KEITH COLEMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
616 So. 2d 640
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 3 cases
Opinion of the Court
[*641] PER CURIAM.
We affirm the trial court’s summary denial of appellant’s rule 3.850 motion, inter alia, as being untimely filed. Paez v. State, 512 So. 2d 263 (Fla. 3d DCA 1987).
AFFIRMED.
GLICKSTEIN, C.J., and LETTS and POLEN, JJ., concur.
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Holley v. State, 859 So. 2d 568 (Fla. 5th DCA 2003)…edy. Cf. Rackley v. State, 758 So. 2d 1250 (Fla. 5th DCA 2000) (mandamus to compel lower court to rule on pending motion denied where appeal of final order is pending on appeal and lower court has no jurisdiction). See also Stupelli v. Dimitrouleas, 616 So. 2d 640 (Fla. 4th DCA 1993) (petition for writ of mandamus will not be granted when writ, if issued, would prove unavailing). Under similar circumstances, this court has allowed a belated appeal when the trial court has issued an order which is not in com…
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Randolph v. Tatarow Fam. P'rs, Ltd., 899 So. 2d 326 (Fla. 1st DCA 2005)…is denied. See Campbell v. State ex rel. Garrett, 133 Fla. 638, 183 So. 340 (1938)(mandamus relief will not be granted where the writ, if issued, would be without beneficial result and fruitless to the petitioner); see also Stupelli v. Dimitrouleas, 616 So. 2d 640 (Fla. 4th DCA 1993). PETITION FOR WRIT OF MANDAMUS DENIED. ' ERVIN, BROWNING and HAWKES, JJ., concur.…
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Johnson v. State, 708 So. 2d 691 (Fla. 5th DCA 1998)…e trial court will soon thereafter rule on Johnson’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Thus, there is no necessity for this court to act. See Scarborough v. State, 262 So. 2d 674 (Fla.1972); Stupelli v. Dimitrouleas, 616 So. 2d 640 (Fla. 4th DCA 1993). Petition for Writ of Mandamus DENIED. W. SHARP, PETERSON and ANTOON, JJ., concur.…
Authorities Cited
- Gonzalo Paez v. State, 512 So. 2d 263 (Fla. 3d DCA 1987)