MIKE CALHOUN, PETITIONER,
v.
THE HONORABLE FRANCIS J. CHRISTIE AND ROBERT RAINIER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIE S. HOUSTON, DECEASED, RESPONDENTS
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PER CURIAM.
In view of our decision in the companion case of Rainier v. Calhoun, 510 So. 2d 999 (Fla. 3d DCA 1987) we grant Mike Calhoun’s petition for a writ of mandamus and direct the respondent trial judge to rule on Calhoun’s application to enforce claim filed below. The trial judge declined to rule on Calhoun’s application while the appeal in Rainier v. Calhoun was pending. We have today affirmed the orders appealed from in Rainier, so that no legal impediment now exists for declining to rule on Calhoun’s application below. See Goggin v. Shanley, 81 So. 2d 728, 729 (Fla.1955) (en banc); Villas at Cutler Ridge Homeowners’ Ass’n v. Newman, 498 So. 2d 579 (Fla. 3d DCA 1986); Flagship Nat’l Bank of Miami v. Testa, 429 So. 2d 69, 70 (Fla. 3d DCA 1983).
We assume that the issuance of a formal writ of mandamus will not be necessary and that the respondent trial judge will rule on Calhoun’s petition to enforce claim upon receipt of this opinion.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Quintana v. The Honorable Frederick N. Barad, 528 So. 2d 1300 (Fla. 3d DCA 1988)…lawful basis for refusing to rule, petitioner filed this petition requesting that the trial court be directed to rule on the motion. Where a trial court’s refusal to rule has no lawful basis, mandamus is the appropriate remedy. Calhoun v. Christie, 510 So. 2d 1000 (Fla. 3d DCA 1987); Villas at Cutler Ridge Homeowners’ Ass’n, Inc. v. Newman, 498 So. 2d 579 (Fla. 3d DCA 1986) (“mandamus is the proper remedy to compel a trial court to exercise its judicial authority and decide a cause, where there is no valid re…
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Maler v. Honorable Frederick N. Barad, 541 So. 2d 684 (Fla. 3d DCA 1989)…uire that he rule one way or the other, if there is no justification that the ruling be withheld. Flagship Nat’l Bank v. Testa, 429 So. 2d 69, 70 (Fla. 3d DCA 1983); accord Quintana v. Barad, 528 So. 2d 1300 (Fla. 3d DCA 1988); Calhoun v. Christie, 510 So. 2d 1000 [*687] (Fla. 3d DCA 1987); Villas at Cutler Ridge Homeowners’ Ass’n, Inc. v. Newman, 498 So. 2d 579 (Fla. 3d DCA 1986). Since I cannot agree that a potential improvement in a party’s financial condition constitutes a legitimate “justification that t…
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Haas v. Spiegel, 772 So. 2d 539 (Fla. 3d DCA 1997)…n appellate court’s issuance of a mandate is a ministerial act which may properly be compelled by a writ of mandamus). Furthermore, mandamus is a proper remedy to compel a court to exercise its discretion and decide a cause. See Calhoun v. Christie, 510 So. 2d 1000,1000 (Fla. 3d DCA 1987). Our opinion contemplated that the parties would have an opportunity to offer evidence of the circumstances which led to the issuance of the original injunction. The court may, of course, consider the transcript of the earl…
Authorities Cited
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- Goggin v. Shanley, 81 So. 2d 728 (Fla. 1955)
- Villas AT Cutler Ridge Homeowners' Ass'n, Inc. v. Honorable Robert H. Newman, 498 So. 2d 579 (Fla. 3d DCA 1986)
- Early v. State, 498 So. 2d 579 (Fla. 3d DCA 1986)
- Rainier v. Calhoun, 510 So. 2d 999 (Fla. 3d DCA 1987)