LAKESHORE TOWNHOMES CONDOMINIUM ASSOCIATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, PETITIONER,
v.
ROBERT W. BUSH AND CAROL A. BUSH, HIS WIFE, AND JAMES N. BUSH AND/OR ALL OTHERS IN POSSESSION OF 4136 S.W. 61ST AVENUE, UNIT # 1, DAVIE, BROWARD COUNTY, FLORIDA, AND THE HONORABLE MEL GROSSMAN, CIRCUIT COURT JUDGE, 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, RESPONDENTS
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The court held that mandamus is the appropriate remedy to compel a lower court to rule on a pending motion for appellate attorney's fees.
The circuit court affirmed a county court judgment foreclosing a condominium assessment lien but failed to rule on the petitioner's motion for appella…
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POLEN, Judge.
Petitioner seeks a writ of certiorari directed to the circuit court sitting in its appellate capacity. Because petitioner seeks to compel the circuit court to rule on its motion for appellate attorneys fees, which motion was properly before the court, we deem mandamus to be a more appropriate remedy. Accordingly, we treat the petition as a petition for writ of mandamus. We sua sponte change the style as it appears above, and grant the petition.
Mandamus is available to compel the performance of a purely ministerial act. Clearly the failure of a court to rule on a matter within the court’s jurisdiction, which matter is properly before the court and ripe for disposition, is subject to mandamus. While mandamus is not available to compel a judge to rule a particular way, it is appropriate to compel some ruling. State ex rel. Locke v. Sandler, 156 Fla. 136, 23 So. 2d 276 (1945).
In this case, respondent appealed a final judgment from the county court, foreclosing a condominium assessment lien in favor of petitioner. The circuit court, in its appellate capacity, affirmed the county court judgment. However, the circuit court did not rule on petitioner’s pending motion for appellate attorney’s fees, pursuant to the Declaration of Condominium and section 718.116(6)(a), Florida Statutes. Petitioner then moved for rehearing in the circuit court, specifically requesting a ruling on the fee motion. The circuit court simply denied the motion for rehearing.
While petitioner seeks to have us compel the circuit court to grant its motion for attorneys fees, we do not believe we can direct the circuit court how to rule. This is certainly so in mandamus proceedings. We therefore direct the circuit court to rule on the pending motion for attorneys fees. Be ing confident the circuit court will comply with the directions in this opinion, we withhold issuance of the writ of mandamus.
GUNTHER, C.J., and WARNER, J., concur.
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Smith v. Lambdin, 971 So. 2d 209 (Fla. 4th DCA 2007)…r has made several inquiries into the status of his appeal and was informed that it was pending. Mandamus 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. As the petitioner’s appeal has…
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State v. Burgess, 168 So. 3d 316 (Fla. 5th DCA 2015)…e determination of whether Respondent is a sexual predator requires the trial judge to eon- [*319] duct a hearing, take evidence, and reach a decision. The outcome cannot be compelled by mandamus. See Lakeshore Townhomes Condo. Ass’n., Inc. v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995) (“[Mjandamus is not available to compel a judge to rule a particular way.'”). For these reasons, the petition for writ of mandamus is dismissed. Further, we decline the State’s invitation to alternatively entertain its petition…
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Blakely v. First Protective Ins. Co., 260 So. 3d 1200 (Fla. 3d DCA 2019)…error, without prejudice for the Blakelys to file a petition for writ of mandamus in the event they fail to obtain rulings on the pending discovery motions prior to the evidentiary hearing on remand. See Lakeshore Townhomes Condo. Ass’n v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995) (“While mandamus is not available to compel a judge to rule a particular way, it is appropriate to compel some ruling.”).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vazquez v. Ailyn M. Rebaza Smith (Fla. 3d DCA 2021)
- State v. Honorable Harry N. Sandler, 156 Fla. 136 (Fla. 1945)