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GARCIA v. LINCARE INC.

No. 5D05-1332.

906 So.2d 1268 (2005)

Hector GARCIA, as Personal Representative, etc., Petitioner, v. LINCARE INC. and Deb Robinson, Pharm.D., Respondents.

District Court of Appeal of Florida, Fifth District.

July 29, 2005.

Attorney(s) appearing for the Case

Carlos R. Diez-Arguelles of Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A., Orlando, for Petitioner.

W. Cleveland Acree, II, and Daniel A. Tressler, II, of The Unger Law Group, P.L., Orlando, for Respondents.

TORPY, J.

Petitioner seeks a writ of mandamus to compel the trial court to set this case for trial. Despite the fact that the case is "at issue," as contemplated by Florida Rule of Civil Procedure 1.440, and that several notices for trial informed the court of such, the court has refused to set a trial date because discovery is not yet completed. We have jurisdiction, grant the petition and issue the writ. Pate v. Sawaya, 663 So.2d 679

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