Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a writ of mandamus in a Florida family law case? This is a petition filed with the appellate courts that requests an order directing the trial court to take action. This was an issue in the case Labriola v. Da Silva, 3D24-1726 (Fla. 3d DCA November 20, 2024).
The petitioner in this case filed a writ of mandamus, but while her petition was pending, the trial court ruled on the motions that it appears the appellant wanted to resolved. The appellate court therefore dismissed the writ, holding
Because the trial court diligently ruled on the motion referenced in the submissions during the pendency of these proceedings, we hereby dismiss the petition as moot. See Stern v. City of Miami Beach, 359 So. 3d 1209, 1211 (Fla. 3d DCA 2023) (“To establish entitlement to relief in mandamus, the petitioning party must plead ‘a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.’”) (quoting Smith v. State, 696 So. 2d 814, 815 (Fla. 2d DCA 1997)); see also Rhodes v. Real Props. of 2140 Commonwealth Ave. 945-947 Live St., 317 So. 3d 1283, 1284 (Fla. 1st DCA 2021) (finding no justiciable controversy where trial court ruled on pending motion); Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.”).
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