Koff v. Booth

District Court of Appeal of Florida

Koff v. Booth

679 So. 2d 879, 1996 Fla. App. LEXIS 9891, 1996 WL 531673

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 1996

DocketNo. 96-1673

StatusPublished

This text of 679 So. 2d 879 (Koff v. Booth) 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

Koff v. Booth, 679 So. 2d 879, 1996 Fla. App. LEXIS 9891, 1996 WL 531673 (Fla. Ct. App. 1996).

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Opinion

THOMPSON, Judge.

Fred Koff petitions for a writ of mandamus and requests that this court order the Honorable John W. Booth to rule on his pending motion to dissolve a temporary injunction. A review of the responses from the parties and of the court file reveals that the trial court has not yet ruled because Koff has not complied with an order of that court. In other words, Koff, not the trial court, is responsible for the delay. We deny the petition for writ of mandamus without prejudice because it is premature at best. See Martin v. Morphonios, 580 So.2d 196 (Fla. 3d DCA 1991).

WRIT DENIED.

GRIFFIN, J., concurs specially in result only. DAUSKCH, J., dissents, without opinion.

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THOMPSON, Judge.

Fred Koff petitions for a writ of mandamus and requests that this court order the Honorable John W. Booth to rule on his pending motion to dissolve a temporary injunction. A review of the responses from the parties and of the court file reveals that the trial court has not yet ruled because Koff has not complied with an order of that court. In other words, Koff, not the trial court, is responsible for the delay. We deny the petition for writ of mandamus without prejudice because it is premature at best. See Martin v. Morphonios, 580 So.2d 196 (Fla. 3d DCA 1991).

WRIT DENIED.

GRIFFIN, J., concurs specially in result only. DAUSKCH, J., dissents, without opinion.

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Bluebook (online)

679 So. 2d 879, 1996 Fla. App. LEXIS 9891, 1996 WL 531673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koff-v-booth-fladistctapp-1996.

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