HUTCHINS
v.
STATE
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A petition for writ of mandamus to compel a postconviction court to rule on a motion for postconviction relief is denied without prejudice where proceedings are ongoing, subject to refiling if no final order issues within 90 days.
[1] A petition for writ of mandamus to compel a postconviction court to rule on a motion for postconviction relief may be denied without prejudice where proceedings are ongoi…
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Join FLexlaw to unlock all legal intelligencePetitioner sought a writ of mandamus to compel action by the circuit court on his motion for postconviction relief.…
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As it appears that the proceedings in the circuit court relative to the petitioner's motion for postconviction relief are progressing, the petition for writ of mandamus is denied. Cf. Munn v. Fla. Parole Comm'n, 807 So. 2d 733 (Fla. 1st DCA 2002). This denial is without prejudice to the petitioner to file a new petition for writ of mandamus if the postconviction court has not entered a final order on the motion within 90 days of the date of this order, provided that the petitioner is unrepresented by counsel in the postconviction proceeding.
CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Munn v. Fla. Parole Comm'n, 807 So. 2d 733 (Fla. 1st DCA 2002)
- Callvester Smith v. State, 807 So. 2d 733 (Fla. 3d DCA 2002)