DENNIS JAMES MOORE, PETITIONER,
v.
CORRECTIONAL MEDICAL SERVICES, RESPONDENT
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PER CURIAM.
Dennis James Moore has filed a petition for writ of mandamus with this court, requesting that we compel the circuit court to rule on his pending medical negligence complaint. Like many pro se litigants, Moore misunderstands the nature of the circuit court’s duty in a case such as this. In an ordinary civil proceeding not involving an application for relief by extraordinary writ, the burden is on the plaintiff, not the trial judge, to prosecute the action to final disposition. Absent a showing that the trial court has failed to take action on some pending matter he has noticed for hearing, Moore has failed to establish an entitlement to mandamus relief. See Al-Hakim, v. State, 783 So. 2d 293 (Fla. 5th DCA 2001). Accordingly, the petition for writ of mandamus is denied.
ALLEN, C.J., MINER and BROWNING, JJ., concur.
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Wendall Hall v. Fla. Dep't OF Corr., 928 So. 2d 374 (Fla. 1st DCA 2006)…PER CURIAM. DENIED. Moore v. Correctional Medical Serv., 817 So. 2d 963 (Fla. 1st DCA 2002). BARFIELD, WEBSTER and BENTON, JJ., concur.…
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Clark v. Nichols M. N. P., 225 So. 3d 416 (Fla. 1st DCA 2017)…the trial court has failed to timely consider and rule upon any motion after having that 'matter called up for hearing and disposition. Petitioner has therefore failed to demonstrate an entitlement to mandamus relief. See Moore v. Corr. Med. Servs., 817 So. 2d 963, 964 (Fla. 1st DCA 2002) (“Absent a showing that the trial court has failed to take action on some pending matter he has noticed for hearing, [the petitioner] has failed to establish an entitlement to mandamus relief.”); Smartt v. First Union Nat’l…
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Ethridge v. Fla. Dep't OF Revenue & Tracy Moorer, 946 So. 2d 553 (Fla. 1st DCA 2006)…PER CURIAM. DENIED. See Moore v. Corr. Med. Serv., 817 So. 2d 963 (Fla. 1st DCA 2002). WOLF, LEWIS, and THOMAS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Barber, 783 So. 2d 293 (Fla. 5th DCA 2001)
- Marzuq Al-Hakim v. State, 783 So. 2d 293 (Fla. 5th DCA 2001)