ALVIE BYRD-GREEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-07-14
No. 3D09-3387
Before GERSTEN, SHEPHERD and LAGOA, JJ.
40 So. 3d 848 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Byrd-Green appeals a trial court order denying his discovery motions on the ground that the court lacked jurisdiction due to a pending appeal of a mandamus petition denial. The appellate court holds that filing a notice of appeal from a mandamus denial does not divest the trial court of jurisdiction, and reverses.


Holding

The filing of a notice of appeal from the denial of a petition for writ of mandamus does not divest the trial court of jurisdiction. Extraordinary writs are independent of and collateral to the proceedings below and do not divest the trial court of jurisdiction except in the specific case of prohibition where a show cause order has been issued.


Headnotes

[1] The filing of a notice of appeal from the denial of a petition for writ of mandamus does not divest the trial court of jurisdiction.

[2] Petitions for extraordinary writs, including mandamus, are independent of and collateral to the proceedings below.

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Key Quotes

“The filing of a notice of appeal from the denial of a petition for writ of mandamus does not divest the trial court of jurisdiction.”

States the core legal principle that governs the case and establishes the trial court's error.

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Facts & Procedural History

Byrd-Green filed a Notice of Discovery and Motion to Produce Police Reports on August 28, 2009. The trial court issued an order on November 30, 2009 s…

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Opinion of the Court
SHEPHERD, J.

SHEPHERD, J.

Appellant, Alvie Byrd-Green, appeals from a November 30, 2009 order, which reads, in its entirety: “The Defendant’s Pro Se Notice of Discovery Filed 8/28/09 had no ruling. Court has no jurisdiction!.] See DCA # 3D09-2160.” From this order, we glean the trial court believed it lacked jurisdiction to entertain Byrd-Green’s “Notice of Discovery,” and “Motion to Produce Police Reports,” because of a pending appeal in this Court, Case Number 3D09-2160, of a July 29, 2009 Order Denying Byrd-Green’s Petition for Writ of Mandamus. Respectfully, the trial court was incorrect.

The filing of a notice of appeal from the denial of a petition for writ of mandamus does not divest the trial court of jurisdiction. See Allen v. State, 579 So.2d 200, 200 (Fla. 2d DCA 1991); cf. Fla. R.App. P. 9.600(b). A petition for writ of mandamus, together with the other four extraordinary writs — prohibition, habeas corpus, quo warranto, and writs issued *849under the “all writs” power — are independent of and collateral to the proceedings below. See Miseveth v. Stafford, 667 So.2d 1012 (Fla. 4th DCA 1996). Accordingly, they do not divest the trial court of jurisdiction, except in the case of a petition for writ of prohibition where a district court of appeal has issued a show cause order. See Fla. R.App. P. 9.100(h); Allen, 579 So.2d at 200; cf. Alonso v. State, 879 So.2d 80, 81 (Fla. 3d DCA 2004) (clarifying no stay in effect when court orders a “response” to a petition for writ of prohibition rather than a “show cause” order directing the respondent to show cause why relief should not be granted, which order creates an automatic stay).

Reversed and remanded for consideration of Byrd-Green’s “Notice of Discovery,” and “Motion to Produce Police Reports.”


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