Florida District Courts of Appeal, 2012

Hartley v. Department of Corrections

Hartley v. Department of Corrections
Florida District Courts of Appeal · Decided November 28, 2012 · Benton, Marstiller, Padoyano
101 So. 3d 912; 2012 Fla. App. LEXIS 20432; 2012 WL 5935361 (Southern Reporter, Third Series)

Hartley v. Department of Corrections

Opinion of the Court

PER CURIAM.

Drew C. Hartley petitions this court for a writ of mandamus, seeking an order which would compel the Clerk of Court for Union County to serve process on three individual defendants in his 42 U.S.C. §§ 1983 and 1985 action. However, the Florida Department of Corrections, which was served, moved to dismiss the complaint. The trial court found that the complaint was barred by the statute of limitations and entered a final order of dismissal with prejudice as to all defendants. That final order is currently on appeal in case number 1D12-0847. The remaining defendants need not be served in light of the dismissal of the complaint, unless the final order is overturned. Accordingly, the petition for writ of mandamus is dismissed as moot.

BENTON, C.J., PADOYANO and MARSTILLER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.