Florida District Courts of Appeal, 1995

Johnson v. Boyles

Florida District Courts of Appeal · Decided August 4, 1995 · Dauksch, Goshorn, Thompson

657 So. 2d 1290; 1995 Fla. App. LEXIS 8204; 1995 WL 457187 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

DENIED.

GOSHORN and THOMPSON, JJ., concur. DAUKSCH, J., concurs specially, with opinion.

Concurring Opinion

DAUKSCH, Judge,

concurring specially.

Petitioner’s seeking mandamus is premature. In order for him to require the ruling upon his motions, he must first apply for a hearing on those motions. Then, if the judge refuses or fails to rule, mandamus will be the proper remedy to seek.

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