CONTRERAS, JONASZ & CAMACHO, P.A., PETITIONER,
v.
ROBERT HENRY FERNANDEZ AND ILIANA FERNANDEZ, RESPONDENTS
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Because the wife’s former counsel has demonstrated a clear, unqualified right to the prompt hearing and determination of its application for the adjudication of a charging lien on her recovery in this matrimonial action (as well as of the motion to dismiss that application), see Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383, 1385 (Fla.1983), the petition for mandamus to require that relief is granted. Flagship Nat’l Bank of Miami v. Testa, 429 So.2d 69 (Fla. 3d DCA 1983); Garcia v. Garcia, 958 So.2d 947, 949 (Fla. 3d DCA 2007); Haas v. Spiegel, 772 So.2d 539, 540 (Fla. 3d DCA 1997); Quintana v. Barad, 528 So.2d 1300 (Fla. 3d DCA 1988); Villas at Cutler Ridge Homeowners’ Ass’n v. Newman, 498 So.2d 579 (Fla. 3d DCA 1986). Of course, we express no opinion as to the merits of the controversy and are certain that it will be unnecessary to issue the formal writ.
Mandamus granted.
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Hernandez v. Hernandez, 58 So. 3d 313 (Fla. 5th DCA 2011)…t be reversed, the record reveals that the final hearing was conducted much like a mediation proceeding, with the trial judge engaging in a dialogue with the attorneys and the parties regarding what they would or would not agree to. In Aziz v. Aziz, 45 So. 3d 975 (Fla. 2d DCA 2010), the Second District Court addressed a similar situation and concluded: In an apparent effort to accomplish something useful at the hearing, the circuit judge shifted the conduct of the [*315] hearing to a mediation-style discuss…
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- Sinclair v. Baucom, 428 So. 2d 1383 (Fla. 1983)
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- Quintana v. The Honorable Frederick N. Barad, 528 So. 2d 1300 (Fla. 3d DCA 1988)
- Garcia v. Garcia, 958 So. 2d 947 (Fla. 3d DCA 2007)
- Villas AT Cutler Ridge Homeowners' Ass'n, Inc. v. Honorable Robert H. Newman, 498 So. 2d 579 (Fla. 3d DCA 1986)
- Early v. State, 498 So. 2d 579 (Fla. 3d DCA 1986)
- Haas v. Spiegel, 772 So. 2d 539 (Fla. 3d DCA 1997)