DAVID JAMES WELLS, APPELLANT,
v.
THE OFFICE OF THE PUBLIC DEFENDER, ETC., ET AL., APPELLEES
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Court affirmed denial of mandamus petition seeking trial transcripts from a former public defender, holding that mandamus cannot compel production of documents the defender no longer possesses.
A writ of mandamus cannot compel a public defender to produce case files and transcripts that he no longer possesses or has no ability to locate.
[1] A writ of mandamus cannot be granted to compel production of documents when the party against whom the writ is sought does not possess the documents and has no ability to…
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Join FLexlaw to unlock all legal intelligenceWells sought a writ of mandamus to compel his former specially appointed public defender, Entin, to provide trial transcripts and appellate records fr…
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ROTHENBERG, Judge.
David James Wells appeals the denial of his petition for writ of mandamus, seeking to compel Alvin E. Entin, who acted as his specially appointed public defender in 1985, to provide Wells with his trial transcripts and appellate records.
We affirm. Wells relies on Bermed v. Tocher, 565 So. 2d 833 (Fla. 3d DCA 1990) and Dennis v. Brummer, 479 So. 2d 857 (Fla. 3d DCA 1985). In those cases, the petition sought to compel either a public defender or a special assistant public defender to produce documents and transcripts relating to the petitioner’s case. In both cases, there appeared to be no impediment to granting the relief sought, and we granted the petition for writ of mandamus. In the instant case, however, there is an impediment to granting the relief sought. Specifically, specially appointed public defender Entin does not recall Mr. Wells or his case and does not have his file in storage, noting that this is a twenty-year old case.
Therefore, Mr. Entin has nothing to provide to Wells. He complied with Wells’ request for the files as best he could by informing him of the fact that he does not have the files. Because Mr. Entin cannot provide that which he does not have, the order denying the petition for writ of mandamus is affirmed.
Affirmed.
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Citator
Cited By
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DEL SOL v. The Off. OF the Pub. Def., 994 So. 2d 1145 (Fla. 3d DCA 2008)…ol in these cases. Instead, the record shows that Jeffrey Ward represented Del Sol as private counsel. Therefore, the trial court [*1146] did not err in denying the motion to compel the public defender’s office. See Wells v. Office of Pub. Defender, 907 So. 2d 1247 (Fla. 3d DCA 2005) (affirming the denial of a petition for writ of mandamus because the public defender did not have the requested documents). Accordingly, we affirm the order denying the motion to compel. Affirmed. . In his notice of appeal, D…
Authorities Cited
- State v. de Jesus, 479 So. 2d 857 (Fla. 3d DCA 1985)
- Bermed v. Tacher, 565 So. 2d 833 (Fla. 3d DCA 1990)