Lakeshore Townhomes Condominium Ass'n v. Bush

POLEN, Judge.

Petitioner seeks a writ of certiorari directed to the circuit court sitting in its appellate capacity. Because petitioner seeks to compel the circuit court to rule on its motion for appellate attorneys fees, which motion was properly before the court, we deem mandamus to be a more appropriate remedy. Accordingly, we treat the petition as a petition for writ of mandamus. We sua sponte change the style as it appears above, and grant the petition.

Mandamus is available to compel the performance of a purely ministerial act. Clearly the failure of a court to rule on a matter within the…