HASTINGS v. SIRT HASTINGS (2019)

District Court of Appeal of Florida, Second District.

David Scott HASTINGS, Appellant/Petitioner(s), v. Elaine L. SIRT-HASTINGS, Appellee/Respondent(s).

CASE NO.: 2D18-2963

Decided: June 25, 2019

Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required in a civil proceeding to set the matter for hearing before the trial court is obligated to rule. See Al-Hakim v. State. 783 So. 2d 293 (Fla. 5th DCA 2001) (noting that in a civil proceeding it is necessary to bring a pending matter to the trial court's attention by noticing it for hearing). The petitioner should file a “motion to hear and rule” with the clerk of the circuit court and serve a copy on the trial judge and the respondent or respondent's counsel. The motion should be accompanied by a request to set a hearing (if appropriate, a telephonic hearing) on the motion to set aside final judgment for criminal fraud filed on October 15, 2016. This document should have a clearly worded title such as “request for hearing.”

BY ORDER OF THE COURT:

KHOUZAM, SLEET, and BADALAMENTI, JJ., Concur.

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