Silverain v. State

Full title: AMOS SILVERAIN, Petitioner, v. STATE OF FLORIDA, Respondent.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Sep 14, 2020

326 So. 3d 105 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D20-1347

09-14-2020

Amos SILVERAIN, Petitioner, v. STATE of Florida, Respondent.

Robert Wesley, Public Defender, Orlando, Edward J. Schwob, III, David L. Redfearn, and Catherine Conlon, Orlando, and Sarah Jordan, Kissimmee, Assistant Public Defenders, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Robert Wesley, Public Defender, Orlando, Edward J. Schwob, III, David L. Redfearn, and Catherine Conlon, Orlando, and Sarah Jordan, Kissimmee, Assistant Public Defenders, for Petitioner.

Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Petitioner, Amos Silverain, seeks a writ of mandamus directing the trial court to accept his written waiver of appearance for a case management conference. We dismiss the petition, finding that the issuance of a writ of mandamus would provide no relief to Petitioner under the facts of this case. See Rodriguez v. Smith, 673 So. 2d 559, 560 (Fla. 3d DCA 1996) (noting that a writ of mandamus will not be issued to direct an officer to perform a futile act).

PETITION DISMISSED.

LAMBERT, GROSSHANS, and SASSO, JJ., concur.