ALEXANDER C. BROOKS
v.
KRISTINE N. WILLIS

Fla. 1st DCA | 2019-05-13
No. 19-1053
Makar, J., Osterhaus, J., Bilbrey, J.
270 So. 3d 1274 Florida District Court of Appeal, First District (2019)

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Holding

A petitioner seeking mandamus relief to compel a ruling on a pending matter must demonstrate that he has noticed the matter for hearing in the lower tribunal.


Headnotes

[1] To obtain mandamus relief compelling a ruling on a pending matter, a petitioner must demonstrate that the matter has been noticed for hearing in the lower tribunal.

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Key Quotes

“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”

Court's citation to Clark v. Nichols M. N. P., 225 So. 3d 416 (Fla. 1st DCA 2017)

Facts & Procedural History

Brooks filed a petition for writ of mandamus against Willis in the First District Court of Appeal.…

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Opinion of the Court
Bilbrey

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-1053 _____________________________

ALEXANDER C. BROOKS,

Petitioner,

v.

KRISTINE N. WILLIS,

Respondent. _____________________________

Petition for Writ of Mandamus—Original Jurisdiction.

May 13, 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). MAKAR, OSTERHAUS, and BILBREY, JJ., concur.

2

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Alexander C. Brooks, pro se, Petitioner.

No appearance for Respondent.


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