Christine Marie Labriola v. Vlaunir Jimenez Da Silva

• Court: District Court of Appeal of Florida
• Decided: November 20, 2024
• Docket: 3D2024-1726
• Status: Published

Opinion

Third District Court of Appeal State of Florida

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.