Vasquez v. Department of Corrections

District Court of Appeal of Florida

Vasquez v. Department of Corrections

223 So. 3d 473, 2017 WL 3254655, 2017 Fla. App. LEXIS 10907

District Court of Appeal of Florida·Decided August 1, 2017·No. CASE NO. 1D16-4515·Published

Opinion

PER CURIAM.

. Golden Vasquez seeks a writ of mandamus to compel the circuit court to reopen the petition for writ of habeas corpus case file. The lower tribunal entered an order administratively closing the file upon the belief that Vasquez had filed a notice of appeal, divesting the court of jurisdiction. However, as Vasquez asserts, and as the respondent concedes, no such notice of appeal has been filed. Accordingly, the lower tribunal is directed to reopen the case file and to dispose of the pending petition forthwith.

LEWIS, WETHERELL, and ' OSTERHAUS, JJ., CONCUR.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

. Golden Vasquez seeks a writ of mandamus to compel the circuit court to reopen the petition for writ of habeas corpus case file. The lower tribunal entered an order administratively closing the file upon the belief that Vasquez had filed a notice of appeal, divesting the court of jurisdiction. However, as Vasquez asserts, and as the respondent concedes, no such notice of appeal has been filed. Accordingly, the lower tribunal is directed to reopen the case file and to dispose of the pending petition forthwith.

LEWIS, WETHERELL, and ' OSTERHAUS, JJ., CONCUR.

Vasquez v. Department of Corrections, 223 So. 3d 473, 2017 WL 3254655, 2017 Fla. App. LEXIS 10907 (Fla. Ct. App. 2017).

Pincite

223 So. 3d 473 (Vasquez v. Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.