MCCULLOUGH
v.
STATE OF FLORIDA

Fla. 1st DCA | 2023-11-22
No. 2023-1743
Florida District Court of Appeal, First District (2023) Positive Treatment
Cited by 42 cases

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Holding

A petition for writ of mandamus is properly dismissed as moot when the trial court has rendered a ruling on the pending pleading that was the subject of the mandamus petition.


Headnotes

[1] A petition for writ of mandamus becomes moot when the trial court has issued a ruling on the pending pleading that was the subject of the mandamus petition.

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Key Quotes

“dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below”

Court citation to Farrior v. State, establishing the mootness standard

Facts & Procedural History

Robert J. McCullough filed a petition for writ of mandamus against the State of Florida in the Florida District Court of Appeal, First District.…

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Opinion of the Court

November 22, 2023 PER CURIAM.

The Court dismisses the petition for writ of mandamus as moot. See Farrior v. State, 343 So. 3d 159, 160 (Fla. 1st DCA 2022) (dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below). ROWE, BILBREY, and LONG, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (42 total)

  • Amon Richards v. Gjerde (Fla. 1st DCA 2023)
    …PER CURIAM. The Court dismisses the petition for writ of mandamus as moot. See Farrior v. State, 343 So. 3d 159, 160 (Fla. 1st DCA 2022) (dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below). ROWE, BILBREY, and LONG, JJ., concur. _____________________________ Not final u…
  • Stephens v. Dep't of Corr. (Fla. 1st DCA 2023)
    …PER CURIAM. The Court dismisses the petition for writ of mandamus as moot. See Farrior v. State, 343 So. 3d 159, 160 (Fla. 1st DCA 2022) (dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below). ROBERTS, KELSEY, and TANENBAUM, JJ., concur. _____________________________ Not…
  • Hall v. State (Fla. 1st DCA 2024)
    …PER CURIAM. As Petitioner has provided a copy of the lower tribunal order denying the motion Petitioner sought to compel action on, the Court dismisses the petition for writ of mandamus as moot. See Farrior v. State, 343 So. 3d 159, 160 (Fla. 1st DCA 2022) (dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below). ROBERTS, ROWE, and RAY, JJ., concur. _____________________________ Not final un…

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