5D06-4010 Wilson v. McClean

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-4010

Case Date: 03/26/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

DENVER IVAN WILSON, Petitioner, v. RANDOLPH McCLEAN, ESQUIRE , Respondent. ________________________________/ Opinion filed March 30, 2007 Petition for Writ of Mandamus, Clayton D. Simmons, Respondent Judge. Denver Ivan Wilson, Sanford, pro se. W. A. Ra ndolph McClean of Jacobson, McClean, Chmelir & Ferwerda, Winter Springs, for Respondent. Case No. 5D06-4010

PER CURIAM. Petitioner seeks mandamus to compel the return of evidence and documents allegedly in the possession of his former attorney, a special public defender. His former attorney says that he returned the items. Because the resolution of this matter involves factfinding, we hereby transfer this cause to the Circuit Court for Seminole County for resolution. See Olivera-Herrera v. Taylor, 920 So. 2d 765 (Fla . 5th DCA 2006). PETITION TRANSFERRED.

PLEUS, C.J., TORPY and EVANDER, JJ., concur.

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