WAINWRIGHT
v.
STATE OF FLORIDA
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Joseph Barney Wainwright, Jr. filed a petition for writ of mandamus in the Florida District Court of Appeal. The court denied the petition because the circuit court directed a response to the motion pending below.
The court denied the petition for writ of mandamus because the circuit court directed a response to the motion pending below.
[1] A petition for writ of mandamus is improper when the circuit court has already directed a response to the motion at issue, as mandamus is available only when no other ade…
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Join FLexlaw to unlock all legal intelligence“As the circuit court directed a response to the motion pending below, the Court denies the petition for writ of mandamus.”
The court's basis for denying the mandamus petition, indicating that the circuit court's direction to respond to the pending motion meant mandamus was not appropriate.
Joseph Barney Wainwright, Jr. sought a writ of mandamus against the State of Florida. The motion was pending before the circuit court, which directed …
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October 16, 2024 PER CURIAM.
As the circuit court directed a response to the motion pending below, the Court denies the petition for writ of mandamus. See Munn v. Fla. Parole Comm’n, 807 So. 2d 733 (Fla. 1st DCA 2002). ROBERTS, KELSEY, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Joseph Barney Wainwright, pro se, Petitioner. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.