Kosek v. Eighteenth Judicial Circuit

District Court of Appeal of Florida

Kosek v. Eighteenth Judicial Circuit

501 So. 2d 761, 12 Fla. L. Weekly 444, 1987 Fla. App. LEXIS 6716

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1987

DocketNo. 86-2001

StatusPublished

This text of 501 So. 2d 761 (Kosek v. Eighteenth Judicial Circuit) 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

Kosek v. Eighteenth Judicial Circuit, 501 So. 2d 761, 12 Fla. L. Weekly 444, 1987 Fla. App. LEXIS 6716 (Fla. Ct. App. 1987).

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Opinion

SHARP, Judge.

Kosek petitions this court for issuance of a writ of mandamus requiring the trial court of the Eighteenth Judicial Circuit, and specifically The Honorable Charles M. Harris, to rule on petitioner’s motion for rehearing of the court’s denial of his motion for post-Conviction relief. The motion for rehearing was filed on April 7, 1986, and has yet to be ruled on. We grant the writ.

Respondents take the position that a denial on September 16, 1986 of Kosek’s motion to render judgment, was also a denial of Kosek’s motion for rehearing. Kosek filed this additional motion on September 2, 1986 in an effort to get the court to rule on his motion for rehearing. However, the court’s denial only refers to Kosek’s motion to render judgment and it is not a final appealable order.

Accordingly, we grant Kosek’s petition for issuance of a writ of mandamus. We order and require that respondents rule upon petitioner’s motion for rehearing within twenty days of this ruling.

COBB and COWART, JJ., concur.

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SHARP, Judge.

Kosek petitions this court for issuance of a writ of mandamus requiring the trial court of the Eighteenth Judicial Circuit, and specifically The Honorable Charles M. Harris, to rule on petitioner’s motion for rehearing of the court’s denial of his motion for post-Conviction relief. The motion for rehearing was filed on April 7, 1986, and has yet to be ruled on. We grant the writ.

Respondents take the position that a denial on September 16, 1986 of Kosek’s motion to render judgment, was also a denial of Kosek’s motion for rehearing. Kosek filed this additional motion on September 2, 1986 in an effort to get the court to rule on his motion for rehearing. However, the court’s denial only refers to Kosek’s motion to render judgment and it is not a final appealable order.

Accordingly, we grant Kosek’s petition for issuance of a writ of mandamus. We order and require that respondents rule upon petitioner’s motion for rehearing within twenty days of this ruling.

COBB and COWART, JJ., concur.

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Bluebook (online)

501 So. 2d 761, 12 Fla. L. Weekly 444, 1987 Fla. App. LEXIS 6716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kosek-v-eighteenth-judicial-circuit-fladistctapp-1987.