M.P. v. Circuit Court for Brevard County

District Court of Appeal of Florida

M.P. v. Circuit Court for Brevard County

903 So. 2d 1049, 2005 Fla. App. LEXIS 9388, 2005 WL 1412147

District Court of Appeal of Florida·Decided June 17, 2005·No. No. 5D05-1573·Published

Opinion

PLEUS, J.

The petitioner, M.P., father of J.P., seeks a writ of mandamus to compel the trial court to rule on his petition for reinstatement of visitation. The petitioner must first make the trial court aware of his pending petition and seek a hearing. Because he has failed to allege that he has done so, the petition is denied without prejudice to the petitioner seeking relief after he has taken the appropriate steps.

Although the petitioner is in the Hamilton Correctional Institution, he could attend a telephonic hearing should the trial court decide to hold one.

PETITION DENIED WITHOUT PREJUDICE.

THOMPSON and MONACO, JJ., concur.

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PLEUS, J.

The petitioner, M.P., father of J.P., seeks a writ of mandamus to compel the trial court to rule on his petition for reinstatement of visitation. The petitioner must first make the trial court aware of his pending petition and seek a hearing. Because he has failed to allege that he has done so, the petition is denied without prejudice to the petitioner seeking relief after he has taken the appropriate steps.

Although the petitioner is in the Hamilton Correctional Institution, he could attend a telephonic hearing should the trial court decide to hold one.

PETITION DENIED WITHOUT PREJUDICE.

THOMPSON and MONACO, JJ., concur.

M.P. v. Circuit Court for Brevard County, 903 So. 2d 1049, 2005 Fla. App. LEXIS 9388, 2005 WL 1412147 (Fla. Ct. App. 2005).

Pincite

903 So. 2d 1049 (M.P. v. Circuit Court for Brevard County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.