THOMAS v. STATE, DEPT. OF REVENUE

No. 1D11-3502.

74 So.3d 145 (2011)

Frederick L. THOMAS, Petitioner, v. STATE of Florida, DEPARTMENT OF REVENUE and Tykisha Nicole Small, Respondent.

District Court of Appeal of Florida, First District.

October 31, 2011.


Attorney(s) appearing for the Case

Frederick L. Thomas , pro se, Petitioner.

Pamela Jo Bondi , Attorney General, and William H. Branch , Assistant Attorney General, Tallahassee, for Respondent.


PER CURIAM.

Petitioner files a petition for writ of mandamus seeking to compel the circuit court to rule on petitioner's request for a paternity test. Petitioner misunderstands the duty of the trial court in matters such as this. In an ordinary civil action, the trial court is under no obligation to rule on a complaint, motion or request on its own initiative. Instead, it is the litigant's obligation to take such actions as are necessary to prosecute the case to final...

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