¶1Petitioner has not demonstrated that the trial court has failed to timely consider and rule upon any pending pleading or motion after having that matter called up for hearing and disposition. Petitioner has therefore failed to demonstrate an entitlement to mandamus relief. See Smartt v. First Union Nat Bank, 771 So.2d 1232 (Fla. 5th DCA 2000). We DENY the petition accordingly.
135 So. 3d 1163
De Cosmo v. Forst
District Court of Appeal of Florida
Decided April 22, 2014
District Court of Appeal of Florida · decided 2014-04-22
Relies on 771 So. 2d 1232 - Smartt v. First Union National Bank
Decided 2014-04-22