TBOM Mortgage Holding, LLC v. Brown

I respectfully dissent. First, the petition was untimely. The essence of the petition is a claim that the trial' court departed from the essential requirements of law in its ruling — not that it has failed to rule despite a clear legal duty to do so.2 The petitioner’s claim thus should be treated as a petition for certiorari rather than a petition for mandamus. Judicial notice of the circuit court docket in this case reveals that the order denying the motion for default was docketed the day it was signed by the trial court, October 26, 2010.3 The petition was not filed within thirty days of…