Opinion
CASE NO.: 2D19-2828
08-13-2019
James HINES, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT:
Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance in the trial court, such as by filing a motion to hear and rule, before mandamus will be considered. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA 2001). Contrary to the petitioner's assertion that he filed a "status motion" in the trial court, no such motion appears on that court's docket.
MORRIS, SLEET, and ATKINSON, JJ., Concur.