DEBOSE v. ELLUCIAN (2018)

The petition for writ of mandamus is granted to the extent that the circuit court is ordered to expedite its consideration of the petition for writ of mandamus and other pending motions in case 2017-CA-2114, giving the case priority over other non-emergency cases. See § 119.11(1), Fla. Stat. (2017) (“Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.” (emphasis added) ); Matos v. Office of State Attorney for Seventeenth Judicial Circuit, 80 So. 3d 1149 (Fla. 4th DCA 2012); Salvador v. Fennelly, 593 So. 2d 1091 (Fla. 4th DCA 1992). In granting the petition, we recognize that some delay may have been the result of matters the parties sought to argue in the trial court but which had not been properly noticed for hearing in accordance with Florida Rule of Civil Procedure 1.100(b) (“All notices of hearing must specify each motion or other matter to be heard.”).

Petitioner's other requests for relief are denied, but we note that in denying those requests we do not comment on the merits of Petitioner's request for documents from Respondent, which is currently the subject of the mandamus proceedings below.

BY ORDER OF THE COURT:

NORTHCUTT, SILBERMAN, and BADALAMENTI, J.J., Concur.