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. StateOpinion
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.