Florida District Courts of Appeal, 2015

Nilio v. State

Nilio v. State
Florida District Courts of Appeal · Decided March 20, 2015 · Clark, Thomas, Wetherell
160 So. 3d 936; 2015 Fla. App. LEXIS 4129; 2015 WL 1276845 (Southern Reporter, Third Series)

Nilio v. State

Opinion of the Court

PER CURIAM.

The petition for writ of mandamus is denied without prejudice to presenting the argument set forth therein in the pending appeal of the order denying petitioner’s motion for post-conviction relief. See Noack v. Blue Cross and Blue Shield of Florida, Inc., 872 So.2d 370 (Fla. 1st DCA 2004) (where an adequate remedy can be afforded on plenary appeal, mandamus relief is unwarranted).

THOMAS, CLARK, and WETHERELL, JJ., concur.

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