JOHN HICKS, PETITIONER,
v.
LYDIA CHAMBERLIN, RESPONDENT
PER CURIAM.
Petitioner seeks a writ of mandamus to compel the trial court to set a hearing on his motion to dissolve a temporary ex parte injunction. We grant the petition.
The petition recites petitioner’s substantial efforts in the trial court throughout February to have a hearing set on his two applications for same before filing the present petition to seek relief.
The amended response does not dispute petitioner’s entitlement to a hearing on his motion within five days of the application as required by Florida Rules of Civil Procedure 1.610(d).
Accordingly, we direct the trial court to set a hearing date within five days of the issuance of this opinion. A rehearing will not be entertained.
GLICKSTEIN, DELL and FARMER, JJ., concur.
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Brazil v. Sheriff Yen Jenne & The State of Fla., 755 So. 2d 784 (Fla. 4th DCA 2000)…and could not financially post the $250,000 bond. Excessive bail is tantamount to no bail and an appellate court will grant relief where the petitioner demonstrates that the amount of bail is unreasonable under the circumstances. See Steel v. Jenne, 710 So. 2d 993 (Fla. 4th DCA 1998); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980). We hold that the bail in this case is tantamount to no bail and reverse and remand with instructions to hold a hearing forthwith to set a reasonable amount of bail. FARMER, SH…
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Campbell v. Wells Fargo Bank, N.A., 204 So. 3d 476 (Fla. 4th DCA 2016)…Corp. v. Carnoto, 798 So. 2d 22 (Fla. 4th DCA 2001) (granting mandamus to enforce compliance with Florida Rule of Civil Procedure 1.490, which precludes reference of a matter to a magistrate without the consent of the parties); Hicks v. Chamberlin, 710 So. 2d 993 (Fla. 4th DCA 1998) (granting mandamus to compel the trial court to hold a hearing as required by Florida Rule of Civil Procedure 1.610(d)). However, these decisions do not support expanding this Court’s extraordinary writ jurisdiction to review an…
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Igor Tsiperfal v. Ohio Sav. Sec., Inc., 756 So. 2d 1087 (Fla. 4th DCA 2000)…pondent’s invitation to elevate form over substance. Clearly, Petitioner’s motion has never been heard on the merits. It should have been heard within five days of his seeking an immediate hearing. See Fla. R. Civ. P. 1.610(d)1; Hicks v. Chamberlin, 710 So. 2d 993 (Fla. 4th DCA 1998). Accordingly, we grant the petition. We withhold issuance of the writ, being confident that the trial court will hear Petitioner’s motion to dissolve the temporary injunction forthwith. POLEN, STEVENSON and SHAHOOD, JJ., concur…
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