Opinion
No. SC12–2513.
2013-04-8
Rudolph HARRIS, Jr., Petitioner(s) v. STATE of Florida, Respondent(s).
The jurisdiction of this Court was invoked by Petitioner's filing of a Notice to Invoke Discretionary Jurisdiction. On December 7, 2012, Petitioner was ordered to file a copy of the district court opinion or order of which he is seeking review; however, Petitioner failed to do so. In “Petitioner's Supplemental Reply to Order of December 7, 2012, for Opinion Invoking Exclusive Jurisdiction,” Petitioner conceded that the district court has not decided his pending appeal.
Petitioner was subsequently notified that this Court would treat his supplemental reply as a miscellaneous motion to change case type to mandamus. Petitioner objected and filed “Petitioner's Rebuttal to Court's Treatment of Petitioner's Supplemental Reply to Order of December 7, 2012 For Opinion Invoking Exclusive Jurisdiction as a Miscellaneous Motion to Change Case Type to Mandamus.”
In light of Petitioner's objection, this cause has heretofore been submitted to the Court for consideration. There is no basis for this Court to exercise its discretionary jurisdiction in this case in the absence of a decision from the district court of appeal, and the Petitioner cannot “by request confer jurisdiction where none exists.” Bullard v. Wainwright, 313 So.2d 653, 655 (Fla.1975). Thus, the petition for review is dismissed.
No motion for rehearing will be entertained by the Court. See Fla. R.App. P. 9.330(d)(2).