Moore v. Ake, 96-02220
| Decision Date | 14 May 1997 |
| Docket Number | No. 96-02220,96-02220 |
| Citation | 693 So.2d 697 |
| Parties | 22 Fla. L. Weekly D1253 Kevin MOORE, Appellant, v. Richard AKE, Clerk of the Circuit Court, and Betty Lauria, Official Court Reporter, Appellees. |
| Court | Florida District Court of Appeals |
Kevin Moore, pro se.
Gary W. Nicholson of Carson, Guemmer and Nicholson, Tampa, for Appellees.
The trial court dismissed Kevin Moore's petition for writ of mandamus because he failed to serve the respondents within 120 days. We reverse because the trial court had an obligation under Florida Rule of Civil Procedure 1.630 to review Mr. Moore's complaint when it was filed, decide whether it established a prima facie case, and issue an alternative writ of mandamus if the petition was facially adequate. Staton v. McMillan, 597 So.2d 940 (Fla. 1st DCA 1992). The petitioner was not required to serve the respondent with the complaint and could not serve the alternative writ until the trial court had performed the tasks required of it under the rule. See Quigley v. Satz, 596 So.2d 753 (Fla. 4th DCA 1992).
Reversed and remanded.
To continue reading
Request your trial
-
Villa Bellini Ristorante & Lounge, Inc. v. Mancini
...must issue an alternative writ of mandamus requiring the respondent to show cause why the writ should not be issued. Moore v. Ake, 693 So. 2d 697, 698 (Fla. 2d DCA 1997) ; Conner v. Mid–Florida Growers, Inc., 541 So. 2d 1252, 1256 (Fla. 2d DCA 1989). If the petition and answer to the altern......
-
Radford v. Brock, 2D04-3515.
...must issue an alternative writ of mandamus requiring the respondent to show cause why the writ should not be issued. Moore v. Ake, 693 So.2d 697, 698 (Fla. 2d DCA 1997); Conner v. Mid-Florida Growers, Inc., 541 So.2d 1252, 1256 (Fla. 2d DCA 1989). If the petition and answer to the alternati......
-
Harrell v. State
...writ of mandamus requiring the respondent to show cause why the writ should not be issued." Id. at 1068 (citing Moore v. Ake, 693 So.2d 697, 698 (Fla. 2d DCA 1997); Conner v. Mid-Florida Growers, Inc., 541 So.2d 1252, 1256 (Fla. 2d DCA ...
-
In re EState Henry Warner.Herbert Y. Holcomb
...alternative writ of mandamus requiring the respondent to show cause why the writ should not be issued.” Id. at 1068 (citing Moore v. Ake, 693 So.2d 697, 698 (Fla. 2d DCA 1997); Conner v. Mid–Florida Growers, Inc., 541 So.2d 1252, 1256 (Fla. 2d DCA 1989)). On September 23, 2008, the estate f......