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Bush-Radomski v. Krisan

Florida Court of Appeals, Fifth District
Nov 12, 2021
328 So. 3d 1152 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D21-1777

11-12-2021

Nicole M. BUSH-RADOMSKI, Petitioner, v. Olivia Anne KRISAN and Jeffrey Krisan, Respondents.

Brian J. Lee, of Morgan & Morgan, Jacksonville, for Petitioner. No Appearance for Respondents.


Brian J. Lee, of Morgan & Morgan, Jacksonville, for Petitioner.

No Appearance for Respondents.

HARRIS, J. Petitioner, Nicole M. Bush-Radomski, seeks a writ of mandamus from this Court, compelling the trial court to set a trial date in her negligence case. Because the case is procedurally "at issue" under Florida Rule of Civil Procedure 1.440, upon the filing of Petitioner's Notice for Trial, the court had a mandatory duty to set the case for trial. See Kubera v. Fisher, 483 So. 2d 836 (Fla. 2d DCA 1986). It matters not whether Respondent is ready or whether certain discovery remains to be completed. Once a case is procedurally at issue and noticed for trial, the court must act upon the notice and give the parties a trial date. See Garcia v. Lincare, Inc., 906 So. 2d 1268 (Fla. 5th DCA 2005).

As we stated in Garcia:

[W]e emphasize that the trial court has discretion to determine which date is chosen for the trial. In doing so, the court may of course consider such issues as discovery completion, availability of witnesses and counsel, and the court's own schedule. Moreover, the trial court has discretion to grant continuances upon proper showing.

906 So. 2d at 1269.

PETITION GRANTED; WRIT ISSUED.

TRAVER and WOZNIAK, JJ., concur.


Summaries of

Bush-Radomski v. Krisan

Florida Court of Appeals, Fifth District
Nov 12, 2021
328 So. 3d 1152 (Fla. Dist. Ct. App. 2021)
Case details for

Bush-Radomski v. Krisan

Case Details

Full title:NICOLE M. BUSH-RADOMSKI, Petitioner, v. OLIVIA ANNE KRISAN AND JEFFREY…

Court:Florida Court of Appeals, Fifth District

Date published: Nov 12, 2021

Citations

328 So. 3d 1152 (Fla. Dist. Ct. App. 2021)