Ochoa v. Collins

Appellant, Jorge Ochoa, appeals from the dismissal of his petition for writ of mandamus directing the county court to accept his civil replevin action for filing without payment of filing costs and fees for service of process. The circuit court dismissed Ochoa’s petition as being “facially insufficient under the law.” Having reviewed the petition pursuant to the standard set forth in Hatten v. State, 561 So.2d 562 (Fla.1990), the Court finds that the petitioner has improperly named the county court judge, rather than the clerk of the county court,1 as the party to whom the writ of mandamus…