¶1concurring.
¶2I concur with the majority opinion, but choose to write separately for the sole purpose of expressing my belief that the question before this Court is whether the circuit court abused its discretion in failing to determine that a writ should issue mandating the district court to rule on the motion. While I agree that the district court had jurisdiction to rule on the motion, I do not believe the relief requested by the appellant is authorized under KRS 534.060.