Howell v. State

Full title: Dalain L. Howell, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Aug 4, 2021

No. 1D20-3754 (Fla. Dist. Ct. App. Aug. 4, 2021)

Opinion

1D20-3754

08-04-2021

Dalain L. Howell, Petitioner, v. State of Florida, Respondent.

Dalain L. Howell, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Mandamus-Original Jurisdiction. August 4, 2021

Dalain L. Howell, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM

The Court denies the petition for writ of mandamus on the merits. See Topps v. State, 865 So.2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that "clearly shows that the issue was considered by the court on the merits" is deemed a decision "which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel").

LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.