Legal Opinion

Perez v. Circuit Court for Osceola County

District Court of Appeal of Florida

Decided September 17, 2004No. 5D04-2509PublishedCited by 2 opinions

1Opinion of the CourtOrfinger, J.

Melvin Perez petitions this court for a writ of mandamus, seeking to compel the trial court to rule on his petition for in-junctive relief filed against the Osceola County Department of Corrections. We deny the petition as it fails, to allege that Perez has made the trial court aware of the pending action.

In a civil proceeding, it is generally necessary to bring a pending matter to the trial court’s attention. See Al-Hakim *490v. State, 783 So.2d 293, 294 (Fla. 5th DCA 2001). For purposes of seeking a hearing, it is of no consequence that the petitioner is incarcerated or involuntarily committed.…

2Cases cited2 opinions

  1. Al-Hakim v. StateDistrict Court of Appeal of Florida · 2001
  2. Gosby v. Third Judicial CircuitSupreme Court of Florida · 1991

3Cited by2 opinions

  1. Harris v. Anne Bates Leach Eye InstituteDistrict Court of Appeal of Florida · 2015
  2. Hogan v. DickensonDistrict Court of Appeal of Florida · 2005

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