DREW C. HARTLEY, PETITIONER,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Fla. 1st DCA | 2007-04-16
No. 1D06-1063
KAHN, POLSTON, and THOMAS, JJ., concur.
954 So. 2d 684 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 7 cases
Topics
Petition For Extraordinary Relief Prison Mailbox Rule Petition For Writ Of Mandamus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This petition for writ of mandamus seeks to compel a ruling on a petition for extraordinary relief; however, the circuit court case file fails to show a record of the petition filed below. Because there is no pleading pending below, the petition for writ of mandamus is denied.

Petitioner has tendered to this court a copy of the petition for extraordinary relief which includes a date stamp on the face of the pleading showing that it was given to prison officials for mailing on August 7, 2005. Accordingly, within 30 days, petitioner shall file with the Washington County Circuit Court a copy of the petition for extraordinary relief which includes the date stamp on the face of the pleading. See Bronson v. State, 751 So. 2d 619 (Fla. 4th DCA 1999). The circuit court shall immediately determine whether the petition is properly filed in Washington County and, if not, the circuit court shall transfer the petition to the correct jurisdiction. Fla. R.App. P. 9.040(b)(2). If the petition is determined to be properly filed in Washington County, the circuit court shall thereafter rule forthwith.

PETITION DENIED.

KAHN, POLSTON, and THOMAS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Casen v. McDONOUGH, 962 So. 2d 977 (Fla. 1st DCA 2007)
    …within 30 days, petitioner shall file with the clerk of the circuit court a copy of the petition which includes the date stamp on the face of the pleading. See Rife v. State, 958 So. 2d 1053 (Fla. 1st DCA 2007); Hartley v. Fla. Dep’t of Corrections, 954 So. 2d 684 (Fla. 1st DCA 2007). PETITION DENIED. BARFIELD, ALLEN, and HAWKES, JJ., concur.…
  • Brown v. Captain James R. Woodard, 961 So. 2d 1057 (Fla. 1st DCA 2007)
    …PER CURIAM. DENIED. See Hartley v. Fla. Dep’t of Corr., 954 So. 2d 684 (Fla. 1st DCA 2007). BROWNING, C.J., DAVIS and POLSTON, JJ., concur.…
  • Jackson v. Rutherford, 39 So. 3d 532 (Fla. 1st DCA 2010)
    …PER CURIAM. DENIED. See Sullivan v. State, 954 So. 2d 684 (Fla. 1st DCA 2007). Petitioner’s motion for leave to file an initial brief is denied as moot. PADOVANO, THOMAS, and CLARK, JJ., concur.…

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