RICHARD B. IVANS, ET AL., PETITIONERS,
v.
THE HONORABLE MARTIN GREENBAUM, ETC., ET AL., RESPONDENTS
PER CURIAM.
We conclude, under the circumstances, that the trial court has a mandatory, non-discretionary duty to set this ease for trial. See Kubera v. Fisher, 483 So. 2d 836 (Fla. 2d DCA 1986); Fla.R.Civ.P. 1.440(a). Accordingly, the application for writ of mandamus is granted. See Flagship Nat’l Bank of Miami v. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983). The trial judge is directed forthwith to set this case for trial on a date no more than one-hundred and twenty days from this date, and thereafter to proceed to a conclusion of the case in the ordinary course. Cf. State ex rel. Schwartz v. Lantz, 440 So. 2d 446 (Fla. 3d DCA 1983), pet. for review dismissed, 447 So. 2d 887 (Fla.1984).
Mandamus granted.
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Pate v. Honorable Thomas D. Sawaya, 663 So. 2d 679 (Fla. 5th DCA 1995)…counsel in his civil damage case, and should be allowed to proceed in the manner he has chosen, whether we agree or disagree with the wisdom of his decisions. Accordingly, we grant the petition and issue the writ of mandamus. Cf. Ivans v. Greenbaum, 613 So. 2d 130 (Fla. 3d DCA 1993). Petition for Writ of Mandamus GRANTED. DAUKSCH and THOMPSON, JJ., concur.…
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Shaniah Rolle v. Gary A. Birken, M.D., 994 So. 2d 1129 (Fla. 3d DCA 2008)…the filing of a proper notice for trial, the court must act upon the notice within a reasonable time and give the parties a trial date. Fla. R. Civ. P. 1.440(a); Garcia v. Lincare Inc., 906 So. 2d 1268, 1269 (Fla. 5th DCA 2005); Ivans v. Greenbaum, 613 So. 2d 130 (Fla. 3d DCA 1993); Kubera v. Fisher, 483 So. 2d 836, 838 (Fla. 2d DCA 1986). Accordingly, the application for writ of mandamus is granted. See id. Internal operating procedures of the court must give way to the rules of procedure promulgated by the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- Klonaris v. Tarpon Springs Gen. Hosp., 440 So. 2d 446 (Fla. 2d DCA 1983)
- Kubera v. Fisher, 483 So. 2d 836 (Fla. 2d DCA 1986)