JAMES LUNDGREN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-03-15
No. 18-3303
Barbour, J., Edwards, J., Eisnaugle, J., Sasso, J.
266 So. 3d 268 Florida District Court of Appeal, Fifth District (2019)

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Holding

A mandamus petition seeking public records must be dismissed when the appellant's appellate argument relies on subsequent facts not raised in the petition below.


Headnotes

[1] A mandamus petition seeking public records under Florida Statute § 119.07 may be dismissed when the appellant's appellate argument relies on subsequent facts not raised i…

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Facts & Procedural History

Lundgren filed a petition for writ of mandamus seeking records pursuant to Florida Statute § 119.07. The circuit court dismissed the petition.…

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Opinion of the Court
Sasso

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JAMES LUNDGREN,

Appellant,

v. Case No. 5D18-3303

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 15, 2019

3.850 Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.

James Lundgren, Zephyrhills, pro se.

No Appearance for Appellee.

PER CURIAM.

We affirm the dismissal of Appellant’s petition for writ of mandamus seeking records pursuant to section 119.07, Florida Statutes (2018), because Appellant’s argument on appeal necessarily relies on subsequent facts that were not raised in the petition below. Our affirmance is therefore without prejudice.

AFFIRMED, without prejudice.

EDWARDS, EISNAUGLE and SASSO, JJ., concur.


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