TOBI ROWE, A/K/A, TOBI A. ROWE, PETITIONER,
v.
DUETCHE BANK NATIONAL TRUST COMPANY AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-2, MORTGAGE-BACKED NOTES, SERIES 2005-2, WILLIAM HUGHES ROWE, A/K/A, WILLIAM H. ROWE, III; UNKNOWN SPOUSE OF WILLIAM HUGHES ROWE, A/K/A, WILLIAM H. ROWE, III, UNKNOWN SPOUSE OF TOBI ROWE, A/K/A, TOBI A. ROWE; BEAZER MORTGAGE CORPORATION; BEAZER HOMES, CORPORATION; SHAWKEY J. MOORE; DEERWOOD PLACE I CONDOMINIUM ASSOCIATION, INC.; DEERWOOD PLACE MASTER ASSOCIATION, INC.; DEERWOOD LAKE PROPERTY OWNERS ASSOCIATION; UNKNOWN TENANT # 1; UNKNOWN TENANT # 2, RESPONDENTS
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Contending that the trial court failed to rule on her properly served motion for disqualification within 30 days as required by Florida Rule of Judicial Administration 2.330(j), petitioner seeks mandamus relief *1286in the form of an order compelling the lower tribunal clerk to reassign her case. Although the parties have stipulated to granting the relief sought, petitioner fails to show that, as contemplated by the rule, she has sought an order from the trial court directing the clerk to reassign the case. Making such a demand is required in order to establish an entitlement to this court’s intervention by writ of mandamus. See KKP Holdings, LLC v. Russell, 1 So.3d 1287 (Fla. 1st DCA 2009); see also Harrison v. Johnson, 934 So.2d 563 (Fla. 1st DCA 2006) (denying mandamus relief where petitioner had failed to bring motion for reassignment before the trial court in order to obtain a ruling). Accordingly, the petition for writ of mandamus is DENIED as premature.
PADOVANO, ROBERTS, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCRAY v. State, 151 So. 3d 449 (Fla. 1st DCA 2014)…r directing the lower tribunal clerk to reassign McCray's cases. However, petitioner fails to show that he has sought an order of reassignment, and thus fails to demonstrate an entitlement to mandamus relief. See Rowe v. Duetche Bank Nat. Trust Co., 49 So. 3d 1285 (Fla. 1st DCA 2010). Moreover, even if McCray had sought an order reassigning his cases, our conclusion that the trial judge timely ruled on the motion for disqualification dictates that he is not entitled to such an order. . See In re Amends, to F…
Authorities Cited
- Jasper Jay Harrison v. Johnson, 934 So. 2d 563 (Fla. 1st DCA 2006)
- KKP Holdings, LLC v. Russell, 1 So. 3d 1287 (Fla. 1st DCA 2009)