Golden Vasquez v. Department of Corrections
This text of Golden Vasquez v. Department of Corrections (Golden Vasquez v. Department of Corrections) 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.
Opinion
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
GOLDEN VASQUEZ, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-4515
DEPARTMENT OF CORRECTIONS,
Respondent. ___________________________/
Opinion filed August 1, 2017.
Petition for Writ of Mandamus -- Original Jurisdiction.
Golden Vasquez, pro se, Petitioner.
Kenneth S. Steely, General Counsel, Gayla Grant and Sheron Wells, Assistant General Counsels, Department of Corrections, Tallahassee, for Respondent.
PER CURIAM.
Golden Vasquez seeks a writ of mandamus to compel the circuit court to reopen
the petition for writ of habeas corpus case file. The lower tribunal entered an order
administratively closing the file upon the belief that Vasquez had filed a notice of appeal, divesting the court of jurisdiction. However, as Vasquez asserts, and as the
respondent concedes, no such notice of appeal has been filed. Accordingly, the lower
tribunal is directed to reopen the case file and to dispose of the pending petition
forthwith.
LEWIS, WETHERELL, and OSTERHAUS, JJ., CONCUR.
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