HASTINGS v. HASTINGS (2019)

District Court of Appeal of Florida, Second District.

David S. HASTINGS, Appellant/Petitioner(s), v. Kelli E. HASTINGS, a/k/a Kelli E. Ross, Appellee/Respondent(s).

CASE NO.: 2D19-2180

Decided: July 17, 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 copies on the trial judge and the respondent or respondent's counsel. The motion to hear and rule must identify the pending motion(s) by title and filing date. Additionally, the motion to hear and rule should be accompanied by a separate document, served on the trial judge and the respondent or respondent's counsel and filed with the clerk, that requests the trial judge to set a hearing (if appropriate, a telephonic hearing) on the pending motions. This separate document should have a clearly worded title such as “request for hearing.”

BY ORDER OF THE COURT:

NORTHCUTT, LUCAS, and SMITH, JJ., Concur.

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