BREWSTER v. STATE (2019)

The petitioner's petition for writ of mandamus “seeking to compel the lower tribunal to empty its entire docket” is denied without prejudice. When filing such a petition, the petitioner must specify the title and date of filing of each motion that the trial court has failed to rule on. Additionally, if the petitioner wants the motions 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 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 motion(s). This separate document should have a clearly worded title such as “request for hearing.”

If the petitioner wants the motions 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 obtain a ruling on the motion.

BY ORDER OF THE COURT:

SILBERMAN, MORRIS, and ATKINSON, JJ., Concur.