Petitions for Writs of Mandamus, Prohibition, Quo Warranto, and/or Habeas Corpus: CRIMINAL PROCEDURE – Jurisdiction – Court retained jurisdiction to modify its order despite 18 month lapse where original order was never reduced to writing and made a final order. – Petition for Prohibition denied. Ellis v. Pinellas County Judges, No. 03-63 APANO (Fla. 6th Cir. App. Ct. Feb. 18, 2004).

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

ERNEST EDWARD ELLIS, JR.

 

            Petitioner,

 

v.                                                                                                                                                                   Case No. CRC 03-63 APANO

UCN22003AP000063XXXXCR

PINELLAS COUNTY JUDGES, et al.

 

            Respondents.

____________________________________/

 

Opinion filed _____________________.

 

Petition for Writ of Prohibition

seeking review of a decision of

the Pinellas County Court

County Judge William Overton

 

Michael Schwartzberg, Esq.

Attorney for petitioner

 

Carrie Lambeth Pilon, Esq.

Assistant State Attorney

ORDER AND OPINION

 

 

            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 Wilson v. State, 305 So.2d 50 (Fla. 3d DCA 1974). Therefore, the trial court is not without jurisdiction to act in this case.

            IT IS THEREFORE ORDERED that the Petition for Writ of Prohibition is denied.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of February, 2004.

 

                                                                                    ____________________________

                                                                                    James R. Case

                                                                                    Circuit Judge

 

 

 

                                                                                    _____________________________

                                                                                    Nancy Moate Ley

                                                                                    Circuit Judge

 

 

                                               

                                                                                    _____________________________

                                                                                    John A. Schaefer

                                                                                    Circuit Judge

cc:   State Attorney

 

        Michael Schwartzberg, Esq.

 

        Judge William Overton