Nilio v. State

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.