Clark v. Nichols M. N. P.

District Court of Appeal of Florida

Clark v. Nichols M. N. P.

225 So. 3d 416, 2017 WL 3864178, 2017 Fla. App. LEXIS 12712

CourtDistrict Court of Appeal of Florida

DecidedSeptember 5, 2017

DocketCASE NO. 1D17-1682

StatusPublished

Cited by8 cases

This text of 225 So. 3d 416 (Clark v. Nichols M. N. P.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Nichols M. N. P., 225 So. 3d 416, 2017 WL 3864178, 2017 Fla. App. LEXIS 12712 (Fla. Ct. App. 2017).

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Opinion

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.

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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.

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Bluebook (online)

225 So. 3d 416, 2017 WL 3864178, 2017 Fla. App. LEXIS 12712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-nichols-m-n-p-fladistctapp-2017.

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