Hartley v. Department of Corrections

District Court of Appeal of Florida

Hartley v. Department of Corrections

101 So. 3d 912, 2012 Fla. App. LEXIS 20432, 2012 WL 5935361

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 2012

DocketNo. 1D12-4700

StatusPublished

This text of 101 So. 3d 912 (Hartley v. Department of Corrections) 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

Hartley v. Department of Corrections, 101 So. 3d 912, 2012 Fla. App. LEXIS 20432, 2012 WL 5935361 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Drew C. Hartley petitions this court for a writ of mandamus, seeking an order which would compel the Clerk of Court for Union County to serve process on three individual defendants in his 42 U.S.C. §§ 1983 and 1985 action. However, the Florida Department of Corrections, which was served, moved to dismiss the complaint. The trial court found that the complaint was barred by the statute of limitations and entered a final order of dismissal with prejudice as to all defendants. That final order is currently on appeal in case number 1D12-0847. The remaining defendants need not be served in light of the dismissal of the complaint, unless the final order is overturned. Accordingly, the petition for writ of mandamus is dismissed as moot.

BENTON, C.J., PADOYANO and MARSTILLER, JJ., concur.

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PER CURIAM.

Drew C. Hartley petitions this court for a writ of mandamus, seeking an order which would compel the Clerk of Court for Union County to serve process on three individual defendants in his 42 U.S.C. §§ 1983 and 1985 action. However, the Florida Department of Corrections, which was served, moved to dismiss the complaint. The trial court found that the complaint was barred by the statute of limitations and entered a final order of dismissal with prejudice as to all defendants. That final order is currently on appeal in case number 1D12-0847. The remaining defendants need not be served in light of the dismissal of the complaint, unless the final order is overturned. Accordingly, the petition for writ of mandamus is dismissed as moot.

BENTON, C.J., PADOYANO and MARSTILLER, JJ., concur.

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Bluebook (online)

101 So. 3d 912, 2012 Fla. App. LEXIS 20432, 2012 WL 5935361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartley-v-department-of-corrections-fladistctapp-2012.

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