KURT SMITH, PETITIONER,
v.
CHESTER LAMBDIN, WARDEN AND JAMES MCDONOUGH, SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Mandamus is appropriate to compel a trial court to rule on a ministerial matter when a reasonable time has passed.
Petitioner filed a petition for writ of mandamus seeking to compel the circuit court to rule on an appeal that had been pending for over a year. The a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Writ Of Mandamus cases and more on FLexlaw
PER CURIAM.
The petitioner, Kurt Smith, filed a petition for writ of mandamus on October 18, 2007, seeking to compel the circuit court to rule on an appeal which has been pending since October, 2006. The appeal was on a replevin complaint ruled upon adversely to the petitioner. The petitioner has made several inquiries into the status of his appeal and was informed that it was pending.
Mandamus lies to compel a trial court to rule on a ministerial matter after a reasonable period of time. See Lakeshore Townhomes Condo. Ass’n v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995). Here, it is unclear why the appeal has not yet been addressed. “While mandamus is not available to compel a judge to rule a particular way, it is appropriate to compel some ruling.” Id. at 1170.
As the petitioner’s appeal has been pending for now well over a year, we direct the circuit court to rule. However, because we are confident that the circuit court will comply with the directions in this opinion, we withhold issuance of the writ of mandamus.
GUNTHER, GROSS and MAY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
SR Acquisitions-Florida City, LLC v. SAN Remo Homes AT Fla. City, LLC, 78 So. 3d 636 (Fla. 3d DCA 2011)…proper remedy to compel a court to exercise its discretion and decide a cause, where there is no valid reason to reserve ruling on the matter.” Mason v. Cir. Ct., Fifth Judicial Cir., 603 So. 2d 94, 95 (Fla. 5th DCA 1992); see also Smith v. Lambdin, 971 So. 2d 209, 210 (Fla. 4th DCA 2007). This 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 th…
-
Conover v. State, 335 So. 3d 1231 (Fla. 4th DCA 2022)…y under section 776.032, Florida Statutes, as untimely under Florida Rule of Criminal Procedure 3.190(c). Mandamus does not lie to review a trial court’s ruling for legal error or to compel the court to rule in a certain way. Smith v. Lambdin, 971 So. 2d 209, 210 (Fla. 4th DCA 2007); Gawker Media, LLC v. Bollea, 170 So. 3d 125, 131 (Fla. 2d DCA 2015). A petition for writ of certiorari would have been the proper vehicle to seek review of the trial court’s ruling. See Jefferson v. State, 264 So. 3d 1…
-
Doles v. State, 44 So. 3d 643 (Fla. 1st DCA 2010)…PER CURIAM. DENIED. See Smith v. Lambdin, 971 So. 2d 209 (Fla. 4th DCA 2007). HAWKES, C.J, WEBSTER and PADOVANO, JJ, concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lakeshore Townhomes Condo. Ass'n, Inc. v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995)