SHAWN LOWRY
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-04-10
No. 2024-0276
2024 FL 3972 Florida District Court of Appeal, First District (2024)

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Holding

A petition for writ of mandamus is dismissed as moot when the trial court has already provided a ruling on the pending pleading.


Headnotes

[1] A petition for writ of mandamus becomes moot and must be dismissed when the trial court issues a ruling on the pleading for which mandamus relief was sought.

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Key Quotes

“dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below”

Court's rationale for dismissal, citing Farrior v. State

Facts & Procedural History

Shawn Lowry petitioned for a writ of mandamus in the First District Court of Appeal against the State of Florida. The trial court had already issued a…

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Opinion of the Court

April 10, 2024 PER CURIAM.

The Court dismisses the petition for writ of mandamus as moot. See Farrior v. State, 343 So. 3d 159, 160 (Fla. 1st DCA 2022) (dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below). BILBREY, M.K. THOMAS, and NORDBY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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