Filed: Sep. 04, 2017
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RODERICK CLARK, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D17-1682 NICHOLS M. N. P., Respondent. _/ Opinion filed September 5, 2017. Petition for Writ of Mandamus - Original Jurisdiction. Roderick Clark, pro se, Petitioner. No appearance for Respondent. PER CURIAM. Petitioner has not demonstrated that the trial court has failed to timely consider and rule upo
Summary: IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RODERICK CLARK, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D17-1682 NICHOLS M. N. P., Respondent. _/ Opinion filed September 5, 2017. Petition for Writ of Mandamus - Original Jurisdiction. Roderick Clark, pro se, Petitioner. No appearance for Respondent. PER CURIAM. Petitioner has not demonstrated that the trial court has failed to timely consider and rule upon..
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
RODERICK CLARK, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D17-1682
NICHOLS M. N. P.,
Respondent.
___________________________/
Opinion filed September 5, 2017.
Petition for Writ of Mandamus -- Original Jurisdiction.
Roderick Clark, pro se, Petitioner.
No appearance for Respondent.
PER CURIAM.
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.