Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

KEVIN MOORE, Appellant, v. RICHARD AKE, Clerk of the Circuit Court, and BETTY LAURIA, Official Court Reporter, Appellees.

ALTENBERND, Acting Chief Judge.

The trial court dismissed Kevin Moore's petition for writ of mandamus because he failed to serve the respondents within 120 days. We reverse because the trial court had an obligation under Florida Rule of Civil Procedure 1.630 to review Mr. Moore's complaint when it was filed, decide whether it established a prima facie case, and issue an alternative writ of mandamus if the petition was facially adequate. Staton v. McMillian, 597 So.2d 940 (Fla. 1st DCA 1992). The petitioner was not required to serve the respondent with the complaint and could not serve the alternative writ until the trial court had performed the tasks required of it under the rule. See Quigley v. Satz, 596 So.2d 753 (Fla. 4th DCA 1992).

Reversed and remanded.

FULMER and QUINCE, JJ., Concur.

Use AI to get other relevant cases.

Comments

MOORE v. AKE
(May 14, 1997)