
    Juan Leal ESQUIVEL, Petitioner, v. The STATE of Florida, Respondent.
    No. 3D04-1537.
    District Court of Appeal of Florida, Third District.
    Nov. 16, 2005.
    Order Denying Rehearing Dec. 21, 2005.
    Juan Leal Esquivel, in proper person.
    Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent.
    Before FLETCHER, RAMIREZ, and SUAREZ, JJ.
   FLETCHER, Judge.

We grant Juan Leal Esquivel’s petition for writ of mandamus to compel the trial court to rule on Esquivel’s motion for post-conviction relief filed on or about December 22, 2003. The trial court shall entertain no further delays in scheduling a hearing on the motion and shall expedite rendition of an order granting or denying post-conviction relief accordingly.

As we are certain that the lower court will comply, we withhold issuance of the formal writ at this time.

ON MOTION FOR REHEARING

PER CURIAM.

Although we deny the state’s motion for rehearing we clarify our decision. Should good cause be demonstrated to the trial court, which good cause requires a delay in the proceedings, the trial court in the exercise of its discretion may continue the proceedings for a reasonable time.

The motion is otherwise denied.  