AMOS SILVERAIN
v.
STATE OF FLORIDA
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A writ of mandamus will not be issued to direct a trial court to perform an act that would be futile.
[1] A writ of mandamus will not be issued to compel performance of an act that would be futile or provide no relief to the petitioner.
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Rodriguez v. Smith, 673 So. 2d 559, 560 (Fla. 3d DCA 1996)
Amos Silverain sought a writ of mandamus to compel the trial court to accept his written waiver of appearance for a case management conference.…
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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
AMOS SILVERAIN,
Petitioner,
v. Case No. 5D20-1347
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed September 14, 2020
Petition for Writ of Mandamus, Keith F. White, Respondent Judge.
Robert Wesley, Public Defender, Orlando, Edward J. Schwob, III, David L. Redfearn, and Catherine Conlon, Orlando, and Sarah Jordan, Kissimmee, Assistant Public Defenders, for Petitioner.
Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM.
Petitioner, Amos Silverain, seeks a writ of mandamus directing the trial court to accept his written waiver of appearance for a case management conference. We dismiss the petition, finding that the issuance of a writ of mandamus would provide no relief to Petitioner under the facts of this case. See Rodriguez v. Smith, 673 So. 2d 559, 560 (Fla.
2 3d DCA 1996) (noting that a writ of mandamus will not be issued to direct an officer to perform a futile act).
PETITION DISMISSED.
LAMBERT, GROSSHANS, and SASSO, JJ., concur.
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- Rodriguez v. The Honorable Fredricka Smith, 673 So. 2d 559 (Fla. 3d DCA 1996)