Foster v. State

District Court of Appeal of Florida

Foster v. State

4 So. 3d 701, 2009 Fla. App. LEXIS 1292, 2009 WL 400377

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 2009

DocketNo. 1D08-3496

StatusPublished

This text of 4 So. 3d 701 (Foster v. State) 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

Foster v. State, 4 So. 3d 701, 2009 Fla. App. LEXIS 1292, 2009 WL 400377 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

By a petition for writ of mandamus, William Foster seeks an order compelling [702]*702the Suwannee County Circuit Court to rule on his motion for postconviction relief. While we recognize that the delay in ruling would appear to be primarily attributable at this point to the state’s requests for extensions of time to file a written response to the motion, the circuit court is nonetheless obligated to rule on the matter before it in a reasonable time. See, e.g., Harris v. State, 914 So.2d 456 (Fla. 4th DCA 2005); Wright v. State, 876 So.2d 701 (Fla. 1st DCA 2004). Accordingly, we grant the petition for writ of mandamus and direct the circuit court to take appropriate action to ensure a prompt ruling on petitioner’s motion.

VAN NORTWICK, PADOVANO, and CLARK, JJ., concur.

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PER CURIAM.

By a petition for writ of mandamus, William Foster seeks an order compelling [702]*702the Suwannee County Circuit Court to rule on his motion for postconviction relief. While we recognize that the delay in ruling would appear to be primarily attributable at this point to the state’s requests for extensions of time to file a written response to the motion, the circuit court is nonetheless obligated to rule on the matter before it in a reasonable time. See, e.g., Harris v. State, 914 So.2d 456 (Fla. 4th DCA 2005); Wright v. State, 876 So.2d 701 (Fla. 1st DCA 2004). Accordingly, we grant the petition for writ of mandamus and direct the circuit court to take appropriate action to ensure a prompt ruling on petitioner’s motion.

VAN NORTWICK, PADOVANO, and CLARK, JJ., concur.

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Bluebook (online)

4 So. 3d 701, 2009 Fla. App. LEXIS 1292, 2009 WL 400377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-state-fladistctapp-2009.

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