DELLANO
v.
STATE

Fla. 3d DCA | 2019-05-29
No. 19-0939
Glickman, McLeese, Farrell
274 So. 3d 485 Florida District Court of Appeal, Third District (2019)

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Holding

A petition for writ of mandamus to compel a circuit court judge to rule on a motion fails when the motion has not been filed as a separate docket entry.


Headnotes

[1] A motion must be filed as a separate docket entry to require judicial consideration; attachment of a motion as an exhibit to other filings is insufficient to invoke a cou…

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Facts & Procedural History

Petitioner Rolando Dellano sought a writ of mandamus to compel the circuit court to rule on a Motion to Withdraw Plea After Resentencing dated June 27…

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Opinion of the Court

HENDON, J.

The petitioner, Rolando Dellano, filed a Petition for Writ of Mandamus, seeking issuance of a writ compelling the circuit court judge to rule on his “Motion to Withdraw Plea After Resentencing,” which the petitioner dated on June 27,

2018. Following our review of the lower tribunal docket and the information

provided by the petitioner, we deny the Petition for Writ of Mandamus as it appears that the petitioner has not actually filed the Motion to Withdraw Plea After Sentencing as a separate docket entry.1 Denied.

Footnotes
1 The lower tribunal docket indicates that the petitioner has filed several motions seeking to withdraw/vacate his plea, but none are titled “Motion to Withdraw Plea After Resentencing” or were filed on or after June 27, 2018. Further, the copy of the Motion to Withdraw Plea After Sentencing that the petitioner has attached to his Petition for Writ of Mandamus was actually included as an exhibit in other filings, not as a separate docket entry.

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