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Munn v. Florida Parole Commission

District Court of Appeal of Florida, First District
Feb 12, 2002
807 So. 2d 733 (Fla. Dist. Ct. App. 2002)

Summary

holding that where the trial court has issued a recent order to show cause, mandamus relief was not warranted

Summary of this case from Thomas v. State

Opinion

Case No. 1D01-3753

Opinion filed February 12, 2002.

Petition for Writ of Mandamus — Original Jurisdiction.

Thomas A. Munn, pro se, petitioner.

Robert A. Butterworth, Attorney General, and Robert R. Wheeler, Assistant Attorney General, Tallahassee, for respondent.


Thomas A. Munn petitions this court for mandamus relief in the form of an order directing the circuit court to rule on a petition for writ of habeas corpus pending in that forum. In light of the circuit court's recent issuance of an order to show cause why the petition pending below should not be granted, we conclude that the granting of mandamus relief is not warranted. We do, however, encourage the circuit court to promptly rule on the merits of the claim before it.

Munn's request that we permit the amendment of this proceeding to undertake certiorari review of the circuit court's order to show cause is denied based on our conclusion that the prerequisites for certiorari review are not present. See generally, Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987).

KAHN, VAN NORTWICK and LEWIS, JJ., concur.


Summaries of

Munn v. Florida Parole Commission

District Court of Appeal of Florida, First District
Feb 12, 2002
807 So. 2d 733 (Fla. Dist. Ct. App. 2002)

holding that where the trial court has issued a recent order to show cause, mandamus relief was not warranted

Summary of this case from Thomas v. State

holding that where the trial court has recently taken action, mandamus relief was not warranted

Summary of this case from Lane v. State

holding that where the trial court has issued a recent order to show cause, mandamus relief was not warranted

Summary of this case from Moore v. State

holding that where the trial court has recently taken action, mandamus relief was not warranted

Summary of this case from Douglas v. State

holding that where the trial court has recently taken action on a pending pleading, mandamus relief was not warranted

Summary of this case from Noble v. State

holding that where the trial court has recently taken action, mandamus relief was not warranted

Summary of this case from Green v. State
Case details for

Munn v. Florida Parole Commission

Case Details

Full title:THOMAS A. MUNN, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Feb 12, 2002

Citations

807 So. 2d 733 (Fla. Dist. Ct. App. 2002)

Citing Cases

Zeigler v. State

As it appears that the proceedings in the circuit court relative to the petitioner's motion for…

Woodward v. State

The petition for writ of mandamus is denied as moot. See Munn v. Florida Parole Comm'n, 807 So.2d 733 (Fla.…