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971 So. 2d 209

Docket No. 4D07-4244.

Smith v. Lambdin

Kurt SMITH, Petitioner, v. Chester LAMBDIN, Warden and James McDonough, Secretary of the Florida Department of Corrections, Respondents.

District Court of Appeal of Florida

Decided December 31, 2007.

District Court of Appeal of Florida · decided 2007-12-31

Cited by 2 later decisions — most recently November 2011

2 state decisions

Relies on 664 So. 2d 1170 - Lakeshore Townhomes Condominium Ass'n v. Bush

Good law ✅— No negative treatment on recordhow we know

Decided 2007-12-31

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¶1Kurt Smith, Okeechobee, pro se.

¶2Bill McCollum, Attorney General, and Joe Belitzky, Senior Assistant Attorney General, Tallahassee, for respondents.

¶3PER CURIAM.

¶4The petitioner, Kurt Smith, filed a petition for writ of mandamus on October 18, 2007, seeking to compel the circuit court to rule on an appeal which has been pending since October, 2006. The appeal was on a replevin complaint ruled upon adversely to the petitioner. The petitioner has made several inquiries into the status of his appeal and was informed that it was pending.

¶5Mandamus lies to compel a trial court to rule on a ministerial matter after a reasonable period of time. See Lakeshore Townhomes Condo. Ass'n v. Bush, 664 So.2d 1170 (Fla. 4th DCA 1995). Here, it is unclear why the appeal has not yet been addressed. "While mandamus is not available to compel a judge to rule a particular way, it is appropriate to compel some ruling." Id. at 1170.

¶6As the petitioner's appeal has been pending for now well over a year, we direct the circuit court to rule. However, because we are confident that the circuit court will comply with the directions in this opinion, we withhold issuance of the writ of mandamus.

¶7GUNTHER, GROSS and MAY, JJ., concur.

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