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IVANS v. GREENBAUM

No. 92-2488.

613 So.2d 130 (1993)

Richard B. IVANS, et al., Petitioners, v. The Honorable Martin GREENBAUM, etc., et al., Respondents.

District Court of Appeal of Florida, Third District.

February 2, 1993.

Attorney(s) appearing for the Case

Mandler & Silver, Patricia Silver and Scott M. Bernstein, Miami, for petitioners.

Robert A. Ginsburg, County Atty., Roy Wood, Asst. County Atty., Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin; Marlow, Connell, Valerius, Abrams, Lowe & Adler and Roderick F. Coleman, Miami, for respondents.

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.

PER CURIAM.

We conclude, under the circumstances, that the trial court has a mandatory, nondiscretionary duty to set this case for trial. See Kubera v. Fisher, 483 So.2d 836 (Fla. 2d DCA 1986); Fla.R.Civ.P. 1.440(a). Accordingly, the application for writ of mandamus is granted. See Flagship Nat'l Bank of Miami v. Testa, 429 So.2d 69 (Fla. 3d DCA 1983). The trial judge is directed...

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