JAMES LUNDGREN
v.
STATE OF FLORIDA
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A mandamus petition seeking public records must be dismissed when the appellant's appellate argument relies on subsequent facts not raised in the petition below.
[1] A mandamus petition seeking public records under Florida Statute § 119.07 may be dismissed when the appellant's appellate argument relies on subsequent facts not raised i…
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Join FLexlaw to unlock all legal intelligenceLundgren filed a petition for writ of mandamus seeking records pursuant to Florida Statute § 119.07. The circuit court dismissed the petition.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JAMES LUNDGREN,
Appellant,
v. Case No. 5D18-3303
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 15, 2019
3.850 Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.
James Lundgren, Zephyrhills, pro se.
No Appearance for Appellee.
PER CURIAM.
We affirm the dismissal of Appellant’s petition for writ of mandamus seeking records pursuant to section 119.07, Florida Statutes (2018), because Appellant’s argument on appeal necessarily relies on subsequent facts that were not raised in the petition below. Our affirmance is therefore without prejudice.
AFFIRMED, without prejudice.
EDWARDS, EISNAUGLE and SASSO, JJ., concur.