Opinion
No. 2D12–5184.
2012-12-6
Johnny W. MILLER, 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 in a civil proceeding to set the matter for hearing before the trial court is obligated to rule. See Al– Hakim v. State, 783 So.2d 293 (Fla. 5th DCA 2001) (noting that in a civil proceeding it is necessary to bring a pending matter to the trial court's attention by noticing it for hearing).