Scott v. State

73 So. 3d 320, 2011 Fla. App. LEXIS 16830, 2011 WL 5057092
Procedural entryThis page is a short order in Scott v. State. Read the opinion of the Court — 995 So. 2d 606
District Court of Appeal of Florida·Decided October 25, 2011·No. No. 1D11-5225·Published

Opinion

PER CURIAM.

Larry T. Scott petitions this court for a writ of mandamus, complaining that the circuit court’s order on his postconviction motion failed to address ground one, sub-claim five and ground eight, subclaim four raised in the motion. The circuit court, however, has entered a final order denying postconviction relief which expressly addresses many of petitioner’s claims. The order is a final order. All claims, whether expressly addressed by the circuit court or not, were denied. It is not necessary for the lower tribunal to address every claim or subclaim with particularity in its final order. See, e.g., Bailem v. State, 984 So.2d 604 (Fla. 3d DCA 2008); see also Holley v. State, 859 So.2d 568 (Fla. 5th DCA 2003). Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.

THOMAS, ROBERTS, and CLARK, JJ., concur.

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Scott v. State, 73 So. 3d 320, 2011 Fla. App. LEXIS 16830, 2011 WL 5057092 (Fla. Ct. App. 2011).

73 So. 3d 320 (Scott v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

BAILEM v. State
984 So. 2d 604 (District Court of Appeal of Florida, 2008)
Holley v. State
859 So. 2d 568 (District Court of Appeal of Florida, 2003)