Summary
holding that to be entitled to mandamus relief compelling a ruling on a pending matter in a civil proceeding, a petitioner must demonstrate that he has noticed the matter for hearing in the lower tribunal
Summary of this case from Stephens v. GodwinOpinion
CASE NO. 1D17-1682.
09-05-2017
Roderick CLARK, Petitioner, v. NICHOLS M. N. P., Respondent.
Roderick Clark, pro se, Petitioner. No appearance for Respondent.
Roderick Clark, pro se, Petitioner.
No appearance for Respondent.
PER CURIAM.
Petitioner has not demonstrated that the trial court has failed to timely consider and rule upon any motion after having that matter called up for hearing and disposition. Petitioner has therefore failed to demonstrate an entitlement to mandamus relief. See Moore v. Corr. Med. Servs., 817 So.2d 963, 964 (Fla. 1st DCA 2002) ("Absent a showing that the trial court has failed to take action on some pending matter he has noticed for hearing, [the petitioner] has failed to establish an entitlement to mandamus relief."); Smartt v. First Union Nat'l Bank, 771 So.2d 1232 (Fla. 5th DCA 2000). We DENY the petition accordingly.
LEWIS, RAY, and JAY, JJ., CONCUR.