Perez v. Circuit Court for Osceola County

District Court of Appeal of Florida

Perez v. Circuit Court for Osceola County

882 So. 2d 489, 2004 Fla. App. LEXIS 13738, 2004 WL 2071681

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 2004

DocketNo. 5D04-2509

StatusPublished

Cited by2 cases

This text of 882 So. 2d 489 (Perez v. Circuit Court for Osceola County) 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

Perez v. Circuit Court for Osceola County, 882 So. 2d 489, 2004 Fla. App. LEXIS 13738, 2004 WL 2071681 (Fla. Ct. App. 2004).

Pincite

Opinion

ORFINGER, J.

Melvin Perez petitions this court for a writ of mandamus, seeking to compel the trial court to rule on his petition for in-junctive relief filed against the Osceola County Department of Corrections. We deny the petition as it fails, to allege that Perez has made the trial court aware of the pending action.

In a civil proceeding, it is generally necessary to bring a pending matter to the trial court’s attention. See Al-Hakim [490]*490v. State, 783 So.2d 293, 294 (Fla. 5th DCA 2001). For purposes of seeking a hearing, it is of no consequence that the petitioner is incarcerated or involuntarily committed. Although Perez is incarcerated, he could attend a telephonic hearing should the trial court to decide to hold one. See Gosby v. Third Judicial Circuit, 586 So.2d 1056 (Fla.1991) (stating that trial court has discretion to decide whether to hold a telephonic hearing in prisoner’s civil case, but may not make a prisoner’s physical presence a condition precedent to ruling on pending matters). Accordingly, we deny Perez’s petition for a writ of mandamus without prejudice. Perez must first make the trial court aware of his pending action and seek a hearing.

MANDAMUS DENIED WITHOUT PREJUDICE.

PALMER and MONACO, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ORFINGER, J.

Melvin Perez petitions this court for a writ of mandamus, seeking to compel the trial court to rule on his petition for in-junctive relief filed against the Osceola County Department of Corrections. We deny the petition as it fails, to allege that Perez has made the trial court aware of the pending action.

In a civil proceeding, it is generally necessary to bring a pending matter to the trial court’s attention. See Al-Hakim [490]*490v. State, 783 So.2d 293, 294 (Fla. 5th DCA 2001). For purposes of seeking a hearing, it is of no consequence that the petitioner is incarcerated or involuntarily committed. Although Perez is incarcerated, he could attend a telephonic hearing should the trial court to decide to hold one. See Gosby v. Third Judicial Circuit, 586 So.2d 1056 (Fla.1991) (stating that trial court has discretion to decide whether to hold a telephonic hearing in prisoner’s civil case, but may not make a prisoner’s physical presence a condition precedent to ruling on pending matters). Accordingly, we deny Perez’s petition for a writ of mandamus without prejudice. Perez must first make the trial court aware of his pending action and seek a hearing.

MANDAMUS DENIED WITHOUT PREJUDICE.

PALMER and MONACO, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

882 So. 2d 489, 2004 Fla. App. LEXIS 13738, 2004 WL 2071681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-circuit-court-for-osceola-county-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack