ROBERT BRONSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 1999-12-01
No. 99-3251
STEVENSON, TAYLOR and HAZOURI, JJ., concur.
751 So. 2d 619 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 6 cases
Topics
Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We must deny the instant petition for writ of mandamus seeking a ruling on petitioner’s pending motion for post-conviction relief. It appears that the original motion filed with the trial court clerk has been lost. The trial court ruled on an unsigned and unsworn copy of the motion which was provided to the court as an attachment to a copy of the present petition. The trial court denied the motion for lack of an oath. On this record, we cannot say that the trial court was incorrect. However, since the original motion, lost through no fault of petitioner, may have contained the necessary oath, the trial court should have allowed petitioner to file a second motion, with an oath, to replace the lost original motion. Accordingly, petitioner shall file with the trial court, within thirty (30) days, a second original motion with signature and oath. The trial court shall thereafter rule forthwith.

STEVENSON, TAYLOR and HAZOURI, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007)
    …on officials for mailing on June 30, 2005. Accordingly, within 30 days petitioner shall file with the circuit court a copy of the motion for postconviction relief which includes the date stamp from the correctional institution. See Bronson v. State, 751 So. 2d 619 (Fla. 4th DCA 1999). The circuit court shall thereafter rule forthwith. PETITION DENIED. KAHN, POLSTON, and THOMAS, JJ., Concur.…
  • Drew C. Hartley v. Fla. Dep't OF Corr., 954 So. 2d 684 (Fla. 1st DCA 2007)
    …r mailing on August 7, 2005. Accordingly, within 30 days, petitioner shall file with the Washington County Circuit Court a copy of the petition for extraordinary relief which includes the date stamp on the face of the pleading. See Bronson v. State, 751 So. 2d 619 (Fla. 4th DCA 1999). The circuit court shall immediately determine whether the petition is properly filed in Washington County and, if not, the circuit court shall transfer the petition to the correct jurisdiction. Fla. R.App. P. 9.040(b)(2). If the…
  • Bennett v. State, 948 So. 2d 20 (Fla. 1st DCA 2006)
    …PER CURIAM. The petition for writ of mandamus is denied on the merits. See Bronson v. State, 751 So. 2d 619 (Fla. 4th DCA 1999). BARFIELD, WEBSTER, and POLSTON, JJ., concur.…

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