NICOLE M. BUSH-RADOMSKI
v.
OLIVIA ANNE KRISAN AND JEFFREY KRISAN
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Once a case is procedurally at issue under Florida Rule of Civil Procedure 1.440 and a notice for trial is filed, the trial court has a mandatory duty to set a trial date.
[1] Once a civil case is procedurally at issue under Florida Rule of Civil Procedure 1.440 and a notice for trial is filed, the trial court has a mandatory duty to set a tria…
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Join FLexlaw to unlock all legal intelligence“Once a case is procedurally at issue and noticed for trial, the court must act upon the notice and give the parties a trial date.”
Court's statement of the mandatory duty imposed by Florida Rule of Civil Procedure 1.440
Petitioner Nicole M. Bush-Radomski filed a negligence case against Olivia Anne Krisan and Jeffrey Krisan and filed a Notice for Trial. The trial court…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
NICOLE M. BUSH-RADOMSKI,
Petitioner,
v. Case No. 5D21-1777 LT Case No. 2019-CA-000117
OLIVIA ANNE KRISAN
AND JEFFREY KRISAN,
Respondents.
________________________________/
Opinion filed November 12, 2021
Petition for Writ of Mandamus, Michael G. Takac, Respondent Judge.
Brian J. Lee, of Morgan & Morgan, Jacksonville, for Petitioner.
No Appearance for Respondents.
HARRIS, J.
Petitioner, Nicole M. Bush-Radomski, seeks a writ of mandamus from this Court, compelling the trial court to set a trial date in her negligence case. Because the case is procedurally “at issue” under Florida Rule of Civil
PETITION GRANTED; WRIT ISSUED. TRAVER and WOZNIAK, JJ., concur.
1 As we stated in Garcia:
[W]e emphasize that the trial court has discretion to determine which date is chosen for the trial. In doing so, the court may of course consider such issues as discovery completion, availability of witnesses and counsel, and the court’s own schedule. Moreover, the trial court has discretion to grant continuances upon proper showing.
906 So. 2d at 1269.