Hicks v. Chamberlin

710 So. 2d 993, 1998 Fla. App. LEXIS 3171, 1998 WL 145236

Opinion

PER CURIAM.

Petitioner seeks a writ of mandamus to compel the trial court to set a hearing on his motion to dissolve a temporary ex parte injunction. We grant the petition.

The petition recites petitioner’s substantial efforts in the trial court throughout February to have a hearing set on his two applications for same before filing the present petition to seek relief.

The amended response does not dispute petitioner’s entitlement to a hearing on his motion within five days of the application as required by Florida Rules of Civil Procedure 1.610(d).

Accordingly, we direct the trial court to set a hearing date within five days of the issuance of this opinion. A rehearing will not be entertained.

GLICKSTEIN, DELL and FARMER, JJ., concur.