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Rackley v. State

District Court of Appeal of Florida, Fifth District
May 26, 2000
758 So. 2d 1250 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D00-1094.

Opinion filed May 26, 2000.

Petition for Writ of Mandamus, William C. Johnson, Jr., Respondent Judge.

Tyrone Rackley, Lowell, pro se.

No Appearance for Respondent.


Petitioner seeks this court's writ of mandamus requiring the lower court to rule upon a motion he has filed there. Because an appeal from his conviction in the case is pending in this court, the lower court has no jurisdiction. Once the appeal is over and jurisdiction is returned by mandate then the lower court will have jurisdiction to rule on his pending motion.

MANDAMUS DENIED.

DAUKSCH, HARRIS and SAWAYA, JJ., concur.


Summaries of

Rackley v. State

District Court of Appeal of Florida, Fifth District
May 26, 2000
758 So. 2d 1250 (Fla. Dist. Ct. App. 2000)
Case details for

Rackley v. State

Case Details

Full title:TYRONE RACKLEY, Appellant v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 26, 2000

Citations

758 So. 2d 1250 (Fla. Dist. Ct. App. 2000)

Citing Cases

Holley v. State

Thus, mandamus is an inappropriate remedy. Cf. Rackley v. State, 758 So.2d 1250 (Fla. 5th DCA 2000) (mandamus…