SARAH MOODY, PETITIONER,
v.
MICHAEL R. MOODY, RESPONDENT
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PER CURIAM.
Sarah Moody petitions this court for a writ of mandamus. She and her husband are currently parties to a dissolution action in Nassau County. Mrs. Moody has moved for the disqualification of the presiding judge and the motion has been pending for over four months.
A writ of mandamus may issue to require a timely ruling on a matter pending before a lower tribunal. See Flagship National Bank v. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983). The purpose of the writ is not to require a particular outcome, only that action be taken. Kramp v. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990). We note that Florida Rule of Judicial Administration 2.160(e) contemplates an “immediate ruling” on a motion for judicial disqualification. The petition for writ of mandamus is granted and the Honorable Bill Parsons is directed to render an order on the motion for his disqualification within ten days of issu-anee of this opinion.
BARFIELD, C.J., and WEBSTER and LAWRENCE, JJ., concur.
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Gordon Polley, M.D., & N. Fla. Surgeons, P.A. v. Gardner, 98 So. 3d 648 (Fla. 1st DCA 2012)…ay the petitioners’ motion. On February 8, 2012, the trial court stayed the case and deferred ruling on the petitioners’ motion.1 “A writ of mandamus may issue to require a timely ruling on a matter pending before a lower tribunal.” Moody v. Moody, 705 So. 2d 708 (Fla. 1st DCA 1998). In order to be entitled to mandamus, the petitioners must allege a violation of a clear legal right and the breach of an indisputable legal duty. See e.g., Pleus v. Crist, 14 So. 3d 941 (Fla.2009). The legal duty must be ministe…
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SR Acquisitions-Florida City, LLC v. SAN Remo Homes AT Fla. City, LLC, 78 So. 3d 636 (Fla. 3d DCA 2011)…s Court’s jurisdiction includes issuance of writs of mandamus. Art. V, § 4(b)(3), Fla. Const.; Fla. R.App. P. 9.030(b)(3). A writ of mandamus from this Court directs the trial court to take action, but does not decide the merits. See Moody v. Moody, 705 So. 2d 708, 708 (Fla. 1st DCA 1998). A trial court has broad discretion to manage its docket, but must do so within the confines of governing statutes and rules of procedure. See Phoenix Holding, LLC v. Martinez, 27 So. 3d 791, 793 (Fla. 3d DCA 2010); Rolle v…
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Wells v. Castro, 117 So. 3d 1233 (Fla. 3d DCA 2013)…chler, 674 So. 2d 789, 790 (Fla. 4th DCA 1996)), review denied, No. SC12-2448, 115 So. 3d 999, 2013 WL 1165254 (Fla. Mar. 21, 2013). A writ of mandamus may issue to require a timely ruling on a matter pending before a lower tribunal. Moody v. Moody, 705 So. 2d 708 (Fla. 1st DCA 1998). After the arbitrator entered the Remand Order, the trial court gave Castro ninety days to file a motion to correct, modify or vacate the award. Motions to vacate an arbitration award are made pursuant to section 682.13, Florida…
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- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- Kramp v. Osee R. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990)