Burton v. Miller

District Court of Appeal of Florida

Burton v. Miller

590 So. 2d 1106, 1991 Fla. App. LEXIS 13450, 1991 WL 273729

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1991

DocketNo. 91-2218

StatusPublished

This text of 590 So. 2d 1106 (Burton v. Miller) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burton v. Miller, 590 So. 2d 1106, 1991 Fla. App. LEXIS 13450, 1991 WL 273729 (Fla. Ct. App. 1991).

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Opinion

DAUKSCH, Judge.

Petitioner seeks a writ of mandamus to compel the trial court to rule on his pending motions. The trial court entered an order in July of 1991 denying petitioner’s motion to expedite and rule on the outstanding motions. That order could be construed as also denying petitioner’s other pending substantive motions. However, because the order is unclear, the petition for writ of mandamus is granted as to the motion to mitigate, motion to withdraw plea, motion to transcribe and motion to proceed in forma pauperis which were all filed in October of 1990 and the trial court shall rule on those motions forthwith. The petition for writ of mandamus is denied in all other respects.

PETITION GRANTED IN PART AND DENIED IN PART.

COBB and GRIFFIN, JJ., concur.

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DAUKSCH, Judge.

Petitioner seeks a writ of mandamus to compel the trial court to rule on his pending motions. The trial court entered an order in July of 1991 denying petitioner’s motion to expedite and rule on the outstanding motions. That order could be construed as also denying petitioner’s other pending substantive motions. However, because the order is unclear, the petition for writ of mandamus is granted as to the motion to mitigate, motion to withdraw plea, motion to transcribe and motion to proceed in forma pauperis which were all filed in October of 1990 and the trial court shall rule on those motions forthwith. The petition for writ of mandamus is denied in all other respects.

PETITION GRANTED IN PART AND DENIED IN PART.

COBB and GRIFFIN, JJ., concur.

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Bluebook (online)

590 So. 2d 1106, 1991 Fla. App. LEXIS 13450, 1991 WL 273729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-miller-fladistctapp-1991.