ROSSOTTO v. BANK NATIONAL ASSOCIATION (2019)

Petitioner's petition for writ of mandamus is denied without prejudice.

If the petitioner wants the motion(s) identified in the petition to be resolved with a hearing, the 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). The petitioner must contact the judge's chambers to set a hearing. If the petitioner wants the motion(s) to be resolved without a hearing, the petitioner must submit a written request for a ruling to the judge's chambers. A copy of the request, along with a notice of filing, should also be filed with the clerk of the circuit court and served on the opposing party.

If after following this procedure the petitioner finds it necessary to file a renewed petition for writ of mandamus, the petitioner must include a description of the procedure followed to alert the trial court of any motion.

BY ORDER OF THE COURT:

KELLY, MORRIS, and BADALAMENTI, JJ., Concur.