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SMITH v. LAMBDIN

No. 4D07-4244.

971 So.2d 209 (2007)

Kurt SMITH, Petitioner, v. Chester LAMBDIN, Warden and James McDonough, Secretary of the Florida Department of Corrections, Respondents.

District Court of Appeal of Florida, Fourth District.

December 31, 2007.

Attorney(s) appearing for the Case

Kurt Smith, Okeechobee, pro se.

Bill McCollum, Attorney General, and Joe Belitzky, Senior Assistant Attorney General, Tallahassee, for respondents.

PER CURIAM.

The petitioner, Kurt Smith, filed a petition for writ of mandamus on October 18, 2007, seeking to compel the circuit court to rule on an appeal which has been pending since October, 2006. The appeal was on a replevin complaint ruled upon adversely to the petitioner. The petitioner has made several inquiries into the status of his appeal and was informed that it was pending.

Mandamus lies to compel a trial court to rule on a ministerial matter after...

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