Vega v. Germaine, 259 So. 3d 827 (2018)

Dec. 20, 2018 · District Court of Appeal of Florida, Second District · CASE NO.: 2D18-3904
259 So. 3d 827

Juan Francisco VEGA, Appellant/Petitioner(s),
v.
Robert W. GERMAINE, Clerk, Appellee/Respondent(s).

CASE NO.: 2D18-3904

District Court of Appeal of Florida, Second District.

December 20, 2018

BY ORDER OF THE COURT:

Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance before mandamus will be considered. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.").

CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.