DAVID J. BALLINGER
v.
STATE OF FLORIDA
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The circuit court's decision is affirmed without prejudice to the appellant's right to file a petition for a writ of mandamus in the circuit court.
[1] An appellate affirmance does not preclude a party from seeking a writ of mandamus in the circuit court as an alternative remedy.
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Join FLexlaw to unlock all legal intelligenceDavid J. Ballinger appealed a decision from the Circuit Court for Bradford County. The opinion does not specify the underlying facts or nature of the …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-3078 _____________________________
DAVID J. BALLINGER,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________ On appeal from the Circuit Court for Bradford County. Mark W. Moseley, Judge.
June 7, 2019
PER CURIAM. AFFIRMED without prejudice to appellant’s right to file a petition for a writ of mandamus in the circuit court. See Rood v. State, 790 So. 2d 1192, 1193 (Fla. 1st DCA 2001). WOLF, BILBREY, and WINSOR, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
2
David J. Ballinger, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.