State ex rel. Smith v. Vodrey

Summary

The Eighth District Court of Appeals dismissed Deaunta Smith’s petition for a writ of procedendo seeking rulings on motions filed in a civil stalking protection order action. The court held that the petition was moot because the trial court had already ruled on the motions, and it also found that procedendo could not compel reconsideration or a particular result; the petition was additionally procedurally deficient.

Holdings

1. A writ of procedendo will not issue to compel a ruling on motions that have already been ruled upon; such a petition is moot.

Questions Presented

1. Whether a writ of procedendo should issue to compel a trial court to rule on motions that have already been ruled upon, rendering the petition moot.

Disposition

dismissed