Opinion
3D24-1726
11-20-2024
Christine Marie Labriola, Petitioner, v. Vlaunir Jimenez Da Silva, Respondent.
Catherine L. Roselli (Fort Lauderdale), for petitioner. Forrest &Forrest, PLLC, and Daniel E. Forrest (Fort Lauderdale), for respondent.
Not final until disposition of timely filed motion for rehearing.
A Case of Original Jurisdiction - Mandamus. Lower Tribunal No. 20-15919-FC-04
Catherine L. Roselli (Fort Lauderdale), for petitioner.
Forrest &Forrest, PLLC, and Daniel E. Forrest (Fort Lauderdale), for respondent.
Before FERNANDEZ, LINDSEY, and MILLER, JJ.
PER CURIAM
Petitioner, Christine Marie Labriola, petitions this court for a writ of mandamus. Because the trial court diligently ruled on the motion referenced in the submissions during the pendency of these proceedings, we hereby dismiss the petition as moot. See Stern v. City of Miami Beach, 359 So.3d 1209, 1211 (Fla. 3d DCA 2023) ("To establish entitlement to relief in mandamus, the petitioning party must plead 'a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.'") (quoting Smith v. State, 696 So.2d 814, 815 (Fla. 2d DCA 1997)); see also Rhodes v. Real Props. of 2140 Commonwealth Ave. 945-947 Live St., 317 So.3d 1283, 1284 (Fla. 1st DCA 2021) (finding no justiciable controversy where trial court ruled on pending motion); Godwin v. State, 593 So.2d 211, 212 (Fla. 1992) ("An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.").
Petition dismissed.