Potter v. Brinker

District Court of Appeal of Florida

Potter v. Brinker

540 So. 2d 265, 14 Fla. L. Weekly 839, 1989 Fla. App. LEXIS 1646, 1989 WL 30814

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1989

DocketNo. 89-313

StatusPublished

This text of 540 So. 2d 265 (Potter v. Brinker) 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

Potter v. Brinker, 540 So. 2d 265, 14 Fla. L. Weekly 839, 1989 Fla. App. LEXIS 1646, 1989 WL 30814 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

Defendant seeks the issuance of a writ of mandamus ordering the trial court to rule on his motion to vacate pursuant to Florida Rule of Criminal Procedure 3.850. Although, pursuant to our request, defendant furnished this court with a copy of the certified mail, return receipts indicating that his motion was received by the office of the clerk on November 9, 1988, respondent has been unable to locate the motion. Accordingly, we deny the petition for writ of mandamus without prejudice to defendant refiling an appropriate motion upon which the trial court should take prompt action.

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PER CURIAM.

Defendant seeks the issuance of a writ of mandamus ordering the trial court to rule on his motion to vacate pursuant to Florida Rule of Criminal Procedure 3.850. Although, pursuant to our request, defendant furnished this court with a copy of the certified mail, return receipts indicating that his motion was received by the office of the clerk on November 9, 1988, respondent has been unable to locate the motion. Accordingly, we deny the petition for writ of mandamus without prejudice to defendant refiling an appropriate motion upon which the trial court should take prompt action.

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Bluebook (online)

540 So. 2d 265, 14 Fla. L. Weekly 839, 1989 Fla. App. LEXIS 1646, 1989 WL 30814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-brinker-fladistctapp-1989.