RANDY LAVERN SPENCER, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT

Fla. 1st DCA | 2004-04-28
No. 1D04-0472
KAHN, VAN NORTWICK and POLSTON, JJ., concur.
872 So. 2d 973 Florida District Court of Appeal, First District (2004)


Opinion of the Court
PER CURIAM.

[*974] PER CURIAM.

By petition for writ of mandamus, Randy Lavern Spencer seeks an order compelling the Columbia County Circuit Court to rule on a petition for writ of habeas corpus pending in that forum. As Spencer acknowledges, however, his appeal of an order transferring venue to Columbia County remains pending before this court. Thus, under Florida Rule of Appellate Procedure 9.130(f), the trial court is precluded from rendering a final order disposing of the petition until the pending appeal is resolved. Although the rule does provide that a lower tribunal may proceed with all other matters up to the point of rendering a final order, the trial court is under no ministerial duty to do so. Accordingly, we deny Spencer’s request for mandamus relief.

PETITION FOR WRIT OF MANDAMUS DENIED.

KAHN, VAN NORTWICK and POLSTON, JJ., concur.


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