Gonzales v. State

District Court of Appeal of Florida

Gonzales v. State

184 So. 3d 651, 2016 Fla. App. LEXIS 1648, 2016 WL 455638

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 2016

DocketNo. 1D15-4604

StatusPublished

This text of 184 So. 3d 651 (Gonzales 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

Gonzales v. State, 184 So. 3d 651, 2016 Fla. App. LEXIS 1648, 2016 WL 455638 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Because the circuit court- denied petitioner’s motion.for postconviction relief by an order dated November 3, 2014, the petition for writ of mandamus is dismissed as moot. See Ward v. State, 770 So.2d 206 (Fla. 1st DCA 2000) (dismissing a petition for writ of mandamus as moot where the trial court had ruled on the pleading pending below). We acknowledge- petitioner’s claim that he did not timely receive a copy of the circuit court’s" final order and note that petitioner’s proper remedy is to file a timely sworn petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

OSTERHAUS, KELSEY, and WINOKUR, JJ., concur.'

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PER CURIAM.

Because the circuit court- denied petitioner’s motion.for postconviction relief by an order dated November 3, 2014, the petition for writ of mandamus is dismissed as moot. See Ward v. State, 770 So.2d 206 (Fla. 1st DCA 2000) (dismissing a petition for writ of mandamus as moot where the trial court had ruled on the pleading pending below). We acknowledge- petitioner’s claim that he did not timely receive a copy of the circuit court’s" final order and note that petitioner’s proper remedy is to file a timely sworn petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

OSTERHAUS, KELSEY, and WINOKUR, JJ., concur.'

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Bluebook (online)

184 So. 3d 651, 2016 Fla. App. LEXIS 1648, 2016 WL 455638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzales-v-state-fladistctapp-2016.

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