CHRISTINE MARIE LABRIOLA
v.
VLAUNIR JIMENEZ DA SILVA
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Christine Marie Labriola petitioned for a writ of mandamus against Vlaunir Jimenez Da Silva, but the Florida Third District Court of Appeal dismissed the petition as moot because the trial court ruled on the underlying motion during the pendency of the proceedings.
The petition for writ of mandamus is dismissed as moot because the trial court diligently ruled on the motion referenced in the submissions during the pendency of these proceedings, eliminating any justiciable controversy.
[1] A mandamus petition is properly dismissed as moot when the trial court rules on the pending motion during the pendency of appellate proceedings, eliminating any justiciab…
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Join FLexlaw to unlock all legal intelligence“To establish entitlement to relief in mandamus, the petitioning party must plead 'a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.'”
Establishes the three-part test for mandamus relief
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Join FLexlaw to unlock all legal intelligenceThe petitioner filed a mandamus petition regarding a motion pending before the trial court. During the pendency of the mandamus proceedings, the trial…
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Opinion filed November 20, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1726 Lower Tribunal No. 20-15919-FC-04
________________
Christine Marie Labriola,
Petitioner,
vs.
Vlaunir Jimenez Da Silva,
Respondent.
A Case of Original Jurisdiction – Mandamus. Catherine L. Roselli (Fort Lauderdale), for petitioner. Forrest & Forrest, PLLC, and Daniel E. Forrest (Fort Lauderdale), for respondent. Before FERNANDEZ, LINDSEY, and MILLER, JJ. PER CURIAM. Petitioner, Christine Marie Labriola, petitions this court for a writ of mandamus. Because the trial court diligently ruled on the motion referenced in the submissions during the pendency of these proceedings, we hereby dismiss the petition as moot. See Stern v. City of Miami Beach, 359 So. 3d 1209, 1211 (Fla. 3d DCA 2023) (“To establish entitlement to relief in mandamus, the petitioning party must plead ‘a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.’”) (quoting Smith v. State, 696 So. 2d 814, 815 (Fla. 2d DCA 1997)); see also Rhodes v. Real Props. of 2140 Commonwealth Ave. 945-947 Live St., 317 So. 3d 1283, 1284 (Fla. 1st DCA 2021) (finding no justiciable controversy where trial court ruled on pending motion); Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.”).
Petition dismissed.
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Labriola v. Vlaunir Jimenez Da Silva, 359 So. 3d 1209 (Fla. 3d DCA 2024)…, petitions this court for a writ of mandamus. Because the trial court diligently ruled on the motion referenced in the submissions during the pendency of these proceedings, we hereby dismiss the petition as moot. See Stern v. City of Miami Beach, 359 So. 3d 1209, 1211 (Fla. 3d DCA 2023) (“To establish entitlement to relief in mandamus, the petitioning party must plead ‘a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.’”) (quoting Smith v. Sta…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Kurtis J. Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997)
- Labriola v. Vlaunir Jimenez Da Silva, 359 So. 3d 1209 (Fla. 3d DCA 2024)