BASULTO v. CITIZENS PROPERTY INSURANCE CORPORATION (2021)

District Court of Appeal of Florida, Third District.

Elianeys BASULTO, Appellant(s)/Petitioner(s), v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee(s)/Respondent(s).

CASE NO.: 3D20-1465

Decided: January 08, 2021

Upon review of the record, the Petition for Writ of Certiorari is hereby sua sponte dismissed as untimely pursuant to Florida Rule of Appellate Procedure 9.100 (noting that certiorari must be within 30 days of rendition of the order at issue). The order giving rise to the certiorari relief was entered by the trial court on February 26, 2020, and this Petition was filed on October 9, 2020. To the extent the Petition seeks mandamus relief based on the lower court's denial of the motion to enter a final judgment, such relief is not warranted. Petitioner has shown no support for the proposition that a clear legal duty exists that compels the lower court to enter the requested final judgment. Without such clear legal duty, the Petition for Writ of Mandamus necessarily fails. See Morse Diesel Int'l, Inc., v. 2000 Island Boulevard, Inc., 698 So. 2d 309, 312 (Fla. 3d DCA 1997).

SCALES, LINDSEY and BOKOR, JJ., concur.

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