IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF
THE STATE OF
ERNEST EDWARD ELLIS, JR.
Petitioner,
v. Case No. CRC 03-63 APANO
UCN22003AP000063XXXXCR
Respondents.
____________________________________/
Opinion filed _____________________.
Petition for Writ of Prohibition
seeking review of a decision of
the
County Judge William Overton
Michael Schwartzberg, Esq.
Attorney for petitioner
Carrie Lambeth Pilon, Esq.
Assistant State Attorney
THIS MATTER is before the Court on Ernest Ellis, Jr.’s Petition for Writ of Prohibition. After reviewing the briefs and record, this Court denies the petition.
The petitioner claims that the trial court exceeded its jurisdiction when, after originally granting his motion to dismiss, it changed its mind, vacated its original order, and entered an order denying his motion to dismiss. Although there was almost an eighteen month gap between the time the trial court originally granted the motion to dismiss and the time it entered an order denying it, the trial court still retained jurisdiction to change its mind because the original ruling was never reduced to writing, signed and filed.
In its response to this Court’s Order to Show Cause, the State points
out that the petitioner has not demonstrated that the original order was ever
reduced to writing, signed, and filed by the trial court. Since there was never
any signed, written order granting the motion filed, the decision was not final
and appealable, and the trial court retained jurisdiction to modify its decision.
See
IT IS THEREFORE ORDERED that the Petition for Writ of Prohibition is denied.
DONE AND ORDERED in Chambers at
____________________________
James R. Case
Circuit Judge
_____________________________
Nancy Moate Ley
Circuit Judge
_____________________________
John A. Schaefer
Circuit Judge
cc: State Attorney
Michael Schwartzberg, Esq.
Judge William Overton