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RUPP v. HMC ASSETS, LLC

CASE NO. 1D16-3748.

213 So.3d 1126 (2017)

William R. RUPP, Petitioner, v. HMC ASSETS, LLC, in its Capacity as Separate Trustee of Cam X Trust, Respondent.

District Court of Appeal of Florida, First District.

Opinion filed March 31, 2017.

Attorney(s) appearing for the Case

Claire Cubbin of Claire Cubbin, Esq., Fort Lauderdale, for Petitioner.

Dariel Abrahamy of Greenspoon Marder, P.A., Boca Raton, for Respondent.

Through his August 19, 2016 emergency petition for writ of mandamus, William Rupp sought to halt a trial set for August 25. According to the petition, the action was not "at issue" because pleading issues remained outstanding. Accordingly, Rupp argued, the trial court violated Florida Rule of Civil Procedure 1.440 by setting the case for trial...

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