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Calhoun v. Christie

District Court of Appeal of Florida, Third District
Aug 28, 1987
510 So. 2d 1000 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-414.

July 14, 1987. Rehearing Denied August 28, 1987.

A case of original jurisdiction — Mandamus.

William J. Motyczka; Kelly, Black, Byrne Beasley and Lauri Waldman Ross, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen. and Jason Vail, Asst. Atty. Gen., Horton, Perse Ginsberg and Mallory Horton, Miami, for respondents.

Before HUBBART, BASKIN and FERGUSON, JJ.


In view of our decision in the companion case of Rainier v. Calhoun, 510 So.2d 999 (Fla. 3d DCA 1987) we grant Mike Calhoun's petition for a writ of mandamus and direct the respondent trial judge to rule on Calhoun's application to enforce claim filed below. The trial judge declined to rule on Calhoun's application while the appeal in Rainier v. Calhoun was pending. We have today affirmed the orders appealed from in Rainier, so that no legal impediment now exists for declining to rule on Calhoun's application below. See Goggin v. Shanley, 81 So.2d 728, 729 (Fla. 1955) (en banc); Villas at Cutler Ridge Homeowners' Ass'n v. Newman, 498 So.2d 579 (Fla. 3d DCA 1986); Flagship Nat'l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983).

We assume that the issuance of a formal writ of mandamus will not be necessary and that the respondent trial judge will rule on Calhoun's petition to enforce claim upon receipt of this opinion.

Petition granted.


Summaries of

Calhoun v. Christie

District Court of Appeal of Florida, Third District
Aug 28, 1987
510 So. 2d 1000 (Fla. Dist. Ct. App. 1987)
Case details for

Calhoun v. Christie

Case Details

Full title:MIKE CALHOUN, PETITIONER, v. THE HONORABLE FRANCIS J. CHRISTIE AND ROBERT…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 28, 1987

Citations

510 So. 2d 1000 (Fla. Dist. Ct. App. 1987)

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