Moore v. Correctional Medical Services
This text of 817 So. 2d 963 (Moore v. Correctional Medical Services) 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.
Opinion
Dennis James MOORE, Petitioner,
v.
CORRECTIONAL MEDICAL SERVICES, Respondent.
District Court of Appeal of Florida, First District.
Dennis James Moore, pro se, petitioner.
*964 No appearance for respondent.
PER CURIAM.
Dennis James Moore has filed a petition for writ of mandamus with this court, requesting that we compel the circuit court to rule on his pending medical negligence complaint. Like many pro se litigants, Moore misunderstands the nature of the circuit court's duty in a case such as this. In an ordinary civil proceeding not involving an application for relief by extraordinary writ, the burden is on the plaintiff, not the trial judge, to prosecute the action to final disposition. Absent a showing that the trial court has failed to take action on some pending matter he has noticed for hearing, Moore has failed to establish an entitlement to mandamus relief. See AlHakim v. State, 783 So.2d 293 (Fla. 5th DCA 2001). Accordingly, the petition for writ of mandamus is denied.
ALLEN, C.J., MINER and BROWNING, JJ., concur.
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817 So. 2d 963, 2002 Fla. App. LEXIS 7306, 2002 WL 1049740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-correctional-medical-services-fladistctapp-2002.