SCARRY
v.
SCARRY
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A trial court must not schedule a case for trial when a motion directed to the last pleading served remains pending and undisposed.
[1] A trial court must dispose of all pending motions directed to the last pleading served before scheduling a case for trial.
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Join FLexlaw to unlock all legal intelligenceIn a family law case, the wife filed a motion to strike the husband's reply. The husband subsequently served a notice for trial and the trial court sc…
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The petition for writ of mandamus is granted. The trial court is ordered to strike the husband's notice for trial and to remove the case from the trial docket, as the wife's motion to strike the husband's reply, a motion directed to the last pleading served, has not yet been disposed of. See Fla. Fam. L. R. P. 12.440 ; Gawker Media, LLC v. Bollea, 170 So. 3d 125 (Fla. 2d DCA2015). Because we are confident that the circuit court will promptly comply with this ruling, we withhold formal issuance of the writ. The wife's motion to strike is denied as moot.
VILLANTI, MORRIS, and ROTHSTEIN-YOUAKIM, JJ., Concur.