TYRONE RACKLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TYRONE RACKLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
758 So. 2d 1250
Florida District Court of Appeal, Fifth District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Petitioner seeks this court’s writ of mandamus requiring the lower court to rule upon a motion he has filed there. Because an appeal from his conviction in the case is pending in this court, the lower court has no jurisdiction. Once the appeal is over and jurisdiction is returned by mandate then the lower court will have jurisdiction to rule on his pending motion.
MANDAMUS DENIED.
DAUKSCH, HARRIS and SAWAYA, JJ., concur.
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Citator
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Holley v. State, 859 So. 2d 568 (Fla. 5th DCA 2003)…s of the rendition of the order.” The time for bringing a timely appeal of this order has passed and the jurisdiction of the circuit court to enter a different order is questionable. Thus, mandamus is an inappropriate remedy. 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) (petiti…