RODERICK CLARK, PETITIONER,
v.
NICHOLS M. N. P., RESPONDENT
Petitioner has not demonstrated that 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 Bank, 771 So.2d 1232 (Fla. 5th DCA 2000). We DENY the petition accordingly.
LEWIS, RAY, and JAY, JJ., CONCUR.
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C. C. v. Dep't of Child. & Families, 253 So. 3d 774 (Fla. 1st DCA 2018)…ERVICES, Respondents. _____________________________ Petition for Writ of Mandamus—Original Jurisdiction. September 25, 2018 PER CURIAM. The petition for writ of mandamus is denied on the merits. See Clark v. Nichols M. N. P., 225 So. 3d 416 (Fla. 1st DCA 2017) (holding that to be entitled to mandamus relief compelling a ruling on a pending matter, a petitioner must demonstrate that he has noticed the matter for hearing in the lower tribunal). WOLF, KELSEY, and JAY, JJ., concur.…
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Hicks v. Fla. Dep't of Corr. (Fla. 1st DCA 2019)…PER CURIAM. The petition for writ of mandamus is denied on the merits. See Clark v. Nichols M. N. P., 225 So. 3d 416 (Fla. 1st DCA 2017) (holding that to be entitled to mandamus relief compelling a ruling on a pending matter, a petitioner must demonstrate that he has noticed the matter for hearing in the lower tribunal). ROBERTS, RAY, and WINSOR, JJ., concur. ___…
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Casen v. Fla. Dep't of Child. & Families (Fla. 1st DCA 2019)…AND FAMILIES, Respondent. _____________________________ Petition for Writ of Mandamus—Original Jurisdiction. August 29, 2019 PER CURIAM. The petition for writ of mandamus is denied on the merits. See Clark v. Nichols M. N. P., 225 So. 3d 416 (Fla. 1st DCA 2017) (holding that to be entitled to mandamus relief compelling a ruling on a pending civil matter, a petitioner must demonstrate that he has noticed the matter for hearing in the lower tribunal). RAY, C.J., and BILBREY and WINOKU…
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- Smartt v. First Union Nat'l Bank, 771 So. 2d 1232 (Fla. 5th DCA 2000)
- Moore v. Corr. Med. Servs., 817 So. 2d 963 (Fla. 1st DCA 2002)