RAUL OLIVERA-HERRERA, PETITIONER,
v.
JAMES TAYLOR, ESQUIRE, RESPONDENT

Fla. 5th DCA | 2006-02-10
No. 5D05-4024
PLEUS, C.J., and SHARP, W., J., concur.
920 So. 2d 765 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 4 cases

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Holding

A writ of mandamus petition must be transferred to the circuit court when factual disputes exist that the appellate court cannot resolve.

Facts & Procedural History

Petitioner sought a writ of mandamus to compel his attorney to provide case records for postconviction proceedings. The attorney claimed to have provi…

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Topics
Discovery Materials Factual Dispute Writ Of Mandamus Postconviction Relief

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Opinion of the Court
PALMER, J.

PALMER, J.

Raul Olivera-Herrera (petitioner) has filed a petition seeking a writ of mandamus to compel his attorney to provide him with copies of the records, files, and documents in his lower court case for use in his postconviction proceedings. The attorney has responded that he has already provided the petitioner with copies of all the discovery materials pertaining to his case but that, in an effort to resolve the matter, he will once again forward petitioner a copy of all the discovery materials pertaining to his file.

This case presents various factual disputes. For example, neither the petitioner nor the attorney specifically allege whether the attorney was appointed as a special public defender. Moreover, this court cannot determine with certainty from the record whether all of the requested documents are subject to disclosure.

Since this court is not equipped to determine factual issues or disputes, this mandamus petition must be transferred to the circuit court for the Ninth Judicial Circuit in and for Orange County, Florida for consideration. See Dumas v. Marrero, 864 So. 2d 531 (Fla. 5th DCA 2004).

PETITION TRANSFERRED.

PLEUS, C.J., and SHARP, W., J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • LaFLOWER v. State, 929 So. 2d 58 (Fla. 5th DCA 2006)
    …ts he seeks and there are fact issues as to whether or not some or all have been provided to him, we dismiss his petition for mandamus, without prejudice to file a more factually detailed petition in the circuit court. Cf. Olivera-Herrera v. Taylor, 920 So. 2d 765 (Fla. 5th DCA 2006); Dumas v. Marrero, 864 So. 2d 531 (Fla. 5th DCA 2004). [*59] Petition for Writ of Mandamus DISMISSED. SHARP, W., GRIFFIN and SAWAYA, JJ., concur.…
  • Denver Ivan Wilson v. McCLEAN, 952 So. 2d 1228 (Fla. 5th DCA 2007)
    …l public defender. His former attorney says that he returned the items. Because the resolution of this matter involves factfinding, we hereby transfer this cause to the Circuit Court for Seminole County for resolution. See Olivera-Herrera v. Taylor, 920 So. 2d 765 (Fla. 5th DCA 2006). PETITION TRANSFERRED. PLEUS, C.J., TORPY and EVANDER, JJ., concur.…

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