SETTS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-12-23
No. 1D2024-2441
2024 FL 14247 Florida District Court of Appeal, First District (2024)

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Holding

A petition for writ of mandamus becomes moot when the trial court has already ruled on the underlying motion, eliminating the possibility of meaningful relief.


Headnotes

[1] A petition for writ of mandamus is properly dismissed as moot when the trial court has rendered a ruling on the underlying motion, as the remedy sought is no longer avail…

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Facts & Procedural History

Burt Leon Setts filed a petition for writ of mandamus against the State of Florida. The State argued that the trial court had already ruled on Setts's…

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Opinion of the Court

December 23, 2024 PER CURIAM.

According to the State, the trial court has ruled on the petitioner’s motion for postconviction relief.

DISMISSED as moot. See Granville v. State, 382 So. 3d 792 (Fla. 1st DCA 2024) (citing authority for dismissal when a petition or appeal is moot). KELSEY, M.K. THOMAS, and TANENBAUM, JJ., concur.

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


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