JAMES LAMONT WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-03-22
No. 3D99-1858
Before COPE, LEVY and SORONDO, JJ.
753 So. 2d 753 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of the defendant’s motion for post-conviction relief.

Defendant’s third claim has nothing to do with the denial of the order under review. Rather, it addresses the lower court’s alleged failure to comply with this Court’s decision in the defendant’s direct appeal. See Williams v. State, 682 So. 2d 681 (Fla. 3d DCA 1996). Because the issue is not properly before us we have not considered its merits. Accordingly, the defendant is free to pursue compliance with this Court’s mandate in his direct appeal in the lower court.

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  • Seabury v. Cheminova, Inc., 868 So. 2d 625 (Fla. 2d DCA 2004)
    …ovide justification for apparent no-nactivity in a case subject to dismissal for failure to prosecute. Recently, the Third District, in Lisa, S.A. v. Gutierrez, 824 So. 2d 975, 976 (Fla. 3d DCA 2002) (quoting Mankowitz v. Fishermen’s Hospital, Inc., 753 So. 2d 753, 754 (Fla. 3d DCA 2000)), followed the rule that the “pendency of a parallel lawsuit involving the same parties constitutes good cause to avoid dismissal.” Here, however, the parties are not identical; these parties are asserting claims different in…
  • Lisa, S.A. v. Gutierrez, 824 So. 2d 975 (Fla. 3d DCA 2002)
    …ther related action provides justification for apparent non-activity, precluding dismissal for failure to prosecute under Rule 1.420(e).” Insua v. Chantres, 665 So. 2d 288, 289 (Fla. 3d DCA 1995). Further, in Mankowitz v. Fishermen’s Hospital, Inc., 753 So. 2d 753, 754 (Fla. 3d DCA 2000), this Court stated that “[t]he pendency of a parallel lawsuit involving the same parties constitutes good cause to avoid dismissal.” In the instant action, case no. 98-27320 remained dormant for more than a year, while issue…

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