Johnson v. McDonough

District Court of Appeal of Florida

Johnson v. McDonough

931 So. 2d 213, 2006 Fla. App. LEXIS 9126, 2006 WL 1565936

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 2006

DocketNo. 1D06-0866

StatusPublished

Cited by1 cases

This text of 931 So. 2d 213 (Johnson v. McDonough) 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.

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Johnson v. McDonough, 931 So. 2d 213, 2006 Fla. App. LEXIS 9126, 2006 WL 1565936 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

This petition for writ of mandamus seeks to compel the Circuit Court for Leon County to rule on a petition pending there. The circuit court has now disposed of the petition by final order and we therefore deny the instant petition as moot.

Petitioner asks this court to retain jurisdiction over the matter because he did not obtain a copy of the circuit court’s order in time to appeal it. His remedy in that circumstance is a motion directed to the circuit court under Florida Rule of Civil Procedure 1.540(b). See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983). Petitioner also argues that the circuit court erred in applying section 57.085, Florida Statutes, to his request for indigency status but that ruling may be reviewed, if at all, in the appeal from the final order. Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005).

PETITION DENIED.

BARFIELD, DAVIS, and PADOVANO, JJ., concur.

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PER CURIAM.

This petition for writ of mandamus seeks to compel the Circuit Court for Leon County to rule on a petition pending there. The circuit court has now disposed of the petition by final order and we therefore deny the instant petition as moot.

Petitioner asks this court to retain jurisdiction over the matter because he did not obtain a copy of the circuit court’s order in time to appeal it. His remedy in that circumstance is a motion directed to the circuit court under Florida Rule of Civil Procedure 1.540(b). See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983). Petitioner also argues that the circuit court erred in applying section 57.085, Florida Statutes, to his request for indigency status but that ruling may be reviewed, if at all, in the appeal from the final order. Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005).

PETITION DENIED.

BARFIELD, DAVIS, and PADOVANO, JJ., concur.

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931 So. 2d 213, 2006 Fla. App. LEXIS 9126, 2006 WL 1565936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-mcdonough-fladistctapp-2006.

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