Vega v. Germaine

District Court of Appeal of Florida

Vega v. Germaine

259 So. 3d 827

District Court of Appeal of Florida·Decided December 20, 2018·No. CASE NO.: 2D18-3904·Published

Opinion

Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance before mandamus will be considered. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.").

CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance before mandamus will be considered. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.").

CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.

Vega v. Germaine, 259 So. 3d 827 (Fla. Ct. App. 2018).

Pincite

259 So. 3d 827 (Vega v. Germaine) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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