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Smith v. State

Supreme Court of Florida
Jun 1, 2010
38 So. 3d 133 (Fla. 2010)

Opinion

No. SC09-2143.

June 1, 2010.

Lower Tribunal No(s). 4D08-1981, 562006CF001725A.


Petitioner has submitted a petition to invoke all writs jurisdiction which this Court has treated as a petition for writ of mandamus. Because a writ of mandamus will not be issued where to do so would prove unavailing or compliance with it would be nugatory or without beneficial results to the petitioner, the petition for writ of mandamus is denied.See State ex rel. Ostroff v. Pearson, 61 So. 2d 325 (Fla. 1952); Campbell v. State ex rel. Garret, 183 So. 340 (Fla. 1938); see also State ex rel. Bergin v. Dunne, 71 So. 2d 746 (Fla. 1954).

PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.


Summaries of

Smith v. State

Supreme Court of Florida
Jun 1, 2010
38 So. 3d 133 (Fla. 2010)
Case details for

Smith v. State

Case Details

Full title:ANTONIO A. SMITH, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 1, 2010

Citations

38 So. 3d 133 (Fla. 2010)