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JOHNSON v. BOYLES

No. 95-1236.

657 So.2d 1290 (1995)

Henry L. JOHNSON, Petitioner, v. Hon. Stephen L. BOYLES, Circuit Court Judge, Etc., Respondent.

District Court of Appeal of Florida, Fifth District.

August 4, 1995.

Attorney(s) appearing for the Case

Henry L. Johnson, Angie, LA, pro se.

No appearance for respondent.

PER CURIAM.

DENIED.

GOSHORN and THOMPSON, JJ., concur.

DAUKSCH, J., concurs specially, with opinion.

DAUKSCH, Judge, concurring specially.

Petitioner's seeking mandamus is premature. In order for him to require the ruling upon his motions, he must first apply for a hearing on those motions. Then, if the judge refuses or fails to rule, mandamus will be the proper remedy...

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