Florida District Courts of Appeal, 1998

Hicks v. Chamberlin

Hicks v. Chamberlin
Florida District Courts of Appeal · Decided March 27, 1998 · Dell, Farmer, Glickstein
710 So. 2d 993; 1998 Fla. App. LEXIS 3171; 1998 WL 145236 (Southern Reporter, Second Series)

Hicks v. Chamberlin

Opinion of the Court

PER CURIAM.

Petitioner seeks a writ of mandamus to compel the trial court to set a hearing on his motion to dissolve a temporary ex parte injunction. We grant the petition.

The petition recites petitioner’s substantial efforts in the trial court throughout February to have a hearing set on his two applications for same before filing the present petition to seek relief.

The amended response does not dispute petitioner’s entitlement to a hearing on his motion within five days of the application as required by Florida Rules of Civil Procedure 1.610(d).

Accordingly, we direct the trial court to set a hearing date within five days of the issuance of this opinion. A rehearing will not be entertained.

GLICKSTEIN, DELL and FARMER, JJ., concur.

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