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Davella v. State

Supreme Court of Florida
Apr 29, 2005
Case No. SC04-1649 (Fla. Apr. 29, 2005)

Opinion

Case No. SC04-1649.

April 29, 2005.

Lower Tribunal No. 4D02-3436.


Based on petitioner's response to this Court's order to show cause dated February 14, 2005, and the State's reply, this case is hereby dismissed as moot. See State ex rel. Fidelity Casualty Co. v. Atkinson, 149 So. 29, 30 (Fla. 1933) (mandamus is inappropriate where the action sought to be compelled has already been done); Florida League of Cities v. Smith, 607 So. 2d 420 (Fla. 1992); McAlpin v. State ex rel. Avriett, 19 So. 2d 420 (Fla. 1944) (mandamus will not be issued if doing so would constitute a useless act or would result in no remedial good).

WELLS, ANSTEAD, LEWIS, QUINCE and CANTERO, JJ., concur.


Summaries of

Davella v. State

Supreme Court of Florida
Apr 29, 2005
Case No. SC04-1649 (Fla. Apr. 29, 2005)
Case details for

Davella v. State

Case Details

Full title:ROBERT DAVELLA, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Apr 29, 2005

Citations

Case No. SC04-1649 (Fla. Apr. 29, 2005)