BENJAMIN LAFLOWER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Petitioner's mandamus petition to compel his former public defender to provide case documents is dismissed without prejudice because the petition fails to specify which documents are sought and factual disputes exist regarding whether documents were already provided.
A petitioner seeking mandamus to compel production of documents from a former attorney must specify what documents are sought and establish that they have not been provided.
[1] A client is entitled to originals or copies of depositions, transcripts, and materials prepared at public expense in an attorney's possession, but not to items related to…
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Join FLexlaw to unlock all legal intelligence“LaFlower is entitled to the originals, or copies thereof, of depositions and transcripts, or any other materials in his former attorney's possession that were prepared at public expense.”
Court stating the general rule regarding a client's entitlement to documents prepared at public expense by counsel.
LaFlower, represented by a specially appointed public defender, sought a writ of mandamus to compel his former attorney to provide copies of documents…
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PER CURIAM.
LaFlower seeks a writ of mandamus from this court to compel his former attorney (apparently a specially appointed public defender) to provide him with copies of his documents in a case file. His attorney has responded that copies of depositions and discovery materials have previously been provided to LaFlower, which LaFlower denies. Based on prior case law, LaFlower is entitled to the originals, or copies thereof, of depositions and transcripts, or any other materials in his former attorney’s possession that were prepared at public expense. See Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004); Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999). However, he is not entitled to items related to the performance of professional services, and if provided, should compensate the attorney for charges incurred in copying them. See Potts; Sanford v. Black, 782 So. 2d 548, 549 n. 2 (Fla. 5th DCA 2001).
Because LaFlower’s petition does not specify what kind of documents 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). Petition for Writ of Mandamus DISMISSED.
SHARP, W., GRIFFIN and SAWAYA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Roland v. State, 120 So. 3d 103 (Fla. 2d DCA 2013)…) (“The petitioner is entitled to receive from his former counsel, at no cost to petitioner, any and all trial and hearing transcripts, copies of motions, and any state discover presented to defense counsel”) (emphasis added); cf. LaFlower v. State, 929 So. 2d 58, 58 (Fla. 5th DCA 2006) (“However, [defendant] is not entitled to items related to the performance of professional services, and if provided, should compensate the attorney for charges incurred in copying them.”). Therefore, the circuit court erred…
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Rojas v. Off. OF THE Pub. Def., 102 So. 3d 774 (Fla. 5th DCA 2012)…ot be granted. Under the controlling law, Rojas is entitled to the originals, or copies thereof, of depositions and transcripts and any other materials in his former attorney’s possession that were prepared at public expense. See LaFlower v. State, 929 So. 2d 58, 58 (Fla. 5th DCA 2006) (citing Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004); Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)); see also Smith v. State, 889 So. 2d 1009, 1010 (Fla. 3d DCA 2…
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Bernal v. Weinstock, 204 So. 3d 112 (Fla. 1st DCA 2016)…Mr. Bernal’s filing of a new request for counsel “to provide him with copies of specifically identified items that he is legally entitled to receive without charge.” Vann v. State, 8 So. 3d 1244, 1245 (Fla. 2d DCA 2009); see also LaFlower v. State, 929 So. 2d 58, 58 (Fla. 5th DCA 2006); Potts v. State, 869 So. 2d 1223, 1225 (Fla. 2d DCA 2004). AFFIRMED without prejudice. LEWIS, WETHERELL, and JAY, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004)
- Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)
- Efrain Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000)
- Dumas v. Marrero, 864 So. 2d 531 (Fla. 5th DCA 2004)
- Sanford v. Black, 782 So. 2d 548 (Fla. 5th DCA 2001)
- Olivera-Herrera v. Taylor, 920 So. 2d 765 (Fla. 5th DCA 2006)