ROLLE EX REL. DABRIO v. BIRKEN

No. 3D07-2579.

994 So.2d 1129 (2008)

Shaniah ROLLE, a minor by and through her natural parent and guardian, Queen Seriah Azulla DABRIO, and Queen Seriah Azulla Dabrio, Individually, Petitioners, v. Gary A. BIRKEN, M.D., et al., Respondents.

District Court of Appeal of Florida, Third District.

January 9, 2008.


Attorney(s) appearing for the Case

Sheldon J. Schlesinger and Scott M. Newmark, Fort Lauderdale; Burlington & Rockenbach and Philip M. Burlington, West Palm Beach; Michael B. Solomon, North Miami, for petitioners.

Abadin, Jaramillo, Cook, Heffernan & Martinez and Kimberly A. Cook; Miami Dade County Attorney's Office and Eric K. Gressman; Sean A. Moughan, Fort Lauderdale; Stephens, Lynn, Klein, Lacava, Hoffman and Puya and Roberta G. Mandel, Miami and Jonathon P. Lynn, Fort Lauderdale; Kubicki Draper and Daniel Draper, Miami; Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregorie and Richard T. Woulfe, Fort Lauderdale, for respondents.

Before CORTIÑAS and LAGOA, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

Petitioners seek a writ of mandamus to compel the trial court to set this case for trial. The parties do not dispute 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. Nevertheless, the trial court has refused to set a trial date because discovery is not yet completed and because internal court procedures presumably do not allow a case to be set for trial...

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