Opinion
No. 3D99-2726.
Opinion filed February 16, 2000.
On Petition for Writ of Mandamus to the Circuit Court for Dade County, Pedro P. Echarte, Judge, L.T. Nos. 96-21347, 96-33118 92-23225.
Fidel Sarduy, in proper person.
Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent.
Before COPE and SORONDO, JJ., and NESBITT, Senior Judge.
Fidel Sarduy, defendant, seeks the issuance of a writ of mandamus compelling the trial court to rule on his motion for rehearing of the denial of his motion for post-conviction relief.
Although the motion for rehearing cannot be found in the court file, the computerized docket sheets for defendant's cases reflect that such a motion was filed. Accordingly, we deny defendant's petition for writ of mandamus and direct him to file a copy of his original motion for rehearing. The trial court will rule on the re-filed motion within thirty days of the date of filing.