RYAN ANDREW CONOVER
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Mandamus does not lie to review a trial court's ruling for legal error, and a petition for certiorari filed more than thirty days after the trial court's order is untimely and lacks jurisdiction.
[1] A petition for writ of mandamus is not the proper vehicle to review a trial court's ruling for legal error; a petition for certiorari is the appropriate remedy for such r…
[2] A petition for certiorari filed more than thirty days after rendition of the trial court's order is untimely and deprives the appellate court of jurisdiction.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mandamus does not lie to review a trial court's ruling for legal error or to compel the court to rule in a certain way.”
Court explaining the limitations of mandamus jurisdiction
Petitioner sought a writ of mandamus to challenge the trial court's order striking his motion to dismiss based on immunity under Florida Statutes sect…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Self-Defense Immunity cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
RYAN ANDREW CONOVER, Petitioner,
v.
STATE OF FLORIDA, Respondent.
No. 4D22-315
[June 8, 2022]
Petition for writ of mandamus to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey Dana Gillen, Judge; L.T. Case No. 50-2021-CF-002648-AXXX-MB.
Carey Haughwout, Public Defender, and Gary Lee Caldwell, Assistant Public Defender, West Palm Beach, for petitioner.
Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for respondent.
PER CURIAM.
In this petition for writ of mandamus, the petitioner seeks review of an order striking his motion to dismiss asserting a claim of immunity under section 776.032, Florida Statutes, as untimely under Florida Rule of Criminal Procedure 3.190(c). Mandamus does not lie to review a trial court’s ruling for legal error or to compel the court to rule in a certain way. Smith v. Lambdin, 971 So. 2d 209, 210 (Fla. 4th DCA 2007); Gawker Media, LLC v. Bollea, 170 So. 3d 125, 131 (Fla. 2d DCA 2015). A petition for writ of certiorari would have been the proper vehicle to seek review of the trial court’s ruling. See Jefferson v. State, 264 So. 3d 1019, 1023 (Fla. 2d DCA 2018); Rogers v. State, 301 So. 3d 1083, 1083-84 (Fla. 1st DCA 2020); Casanova v. State, 335 So. 3d 1231, 1232 (Fla. 3d DCA 2021); Corbett v. State, No. 5D21-3166, 2022 WL 1509106, at *2 (Fla. 5th DCA May 13, 2022). However, we lack jurisdiction to consider the petition as a petition for writ of certiorari because it was filed more than thirty days after rendition of the trial court’s order. Fla. R. App. P. 9.020(h), 9.100(c)(1); see also Decktight Roofing Servs., Inc. v. Amwest
2
Sur. Ins., 841 So. 2d 667, 668 (Fla. 4th DCA 2003).
Petition dismissed.
DAMOORGIAN, CIKLIN and LEVINE, JJ., concur.
* * *
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wilkin Jose AcostaFigueroa v. State, 373 So. 3d 908 (Fla. 4th DCA 2023)…court’s ruling is flawed by legal error thereby precluding proper determination on the movant’s immunity claim.” Jimenez v. State, 353 So. 3d 1286, 1287 (Fla. 2d DCA 2023) (citation and internal quotation marks omitted); see also Casanova v. State, 335 So. 3d 1231, 1232 (Fla. 3d DCA 2021) (stating certiorari relief is appropriate when “the trial court’s order departs from essential requirements of law, resulting in material injury that cannot be adequately remedied on appeal”). Petitioner has claimed immunit…
-
Bembridge v. State (Fla. 3d DCA 2024)
-
Freeman v. State (Fla. 1st DCA 2023)…ence at the pretrial immunity hearing). But see Jefferson, 264 So. 3d at 1027(explaining that a defendant seeking self-defense immunity does not have an evidentiary burden and can raise a prima facie claim in the pretrial motion); Casanova v. State, 335 So. 3d 1231, 1232 (Fla. 3d DCA 2021) (holding that a motion to dismiss can raise a prima facie claim of self-defense immunity “even though the motion to dismiss is not sworn to by someone with personal knowledge or supported by evidence or testimony establishin…
Authorities Cited
- Gawker Media, LLC v. Bollea, 170 So. 3d 125 (Fla. 2d DCA 2015)
- Jefferson v. State, 264 So. 3d 1019 (Fla. 2d DCA 2018)
- Decktight Roofing Servs., Inc. v. Amwest Sur. Ins., 841 So. 2d 667 (Fla. 4th DCA 2003)
- Jovan Casanova v. State, 335 So. 3d 1231 (Fla. 3d DCA 2021)
- Smith v. Lambdin, 971 So. 2d 209 (Fla. 4th DCA 2007)
- Assan Deandre Rogers v. State, 301 So. 3d 1083 (Fla. 1st DCA 2020)