State ex rel. Zoldan v. Giulitto

Summary

The Eleventh District Court of Appeals dismissed Ron J. Zoldan’s petition for a writ of procedendo against Judge Paula C. Giulitto. The court held that the action was moot because the judge had ruled on the underlying motions for reconsideration and a new trial while the procedendo action was pending.

Holdings

1. A procedendo action becomes moot when the respondent court performs the duty that the relator seeks to compel; procedendo does not lie to compel further action after judgments ruling on the relevant motions have been issued.
2. The court may find an original procedendo action moot based on an attached judgment entry and docket reference when the relator does not contest the respondent's assertion that the judgment was entered, even if the attached copy is not certified.

Questions Presented

1. Whether a procedendo action seeking an order compelling a judge to rule on pending motions becomes moot when the judge rules on those motions during the proceeding.
2. Whether the court could rely on the attached judgment entry and docket, despite the lack of certification, where the relator did not dispute that the rulings had been entered.

Disposition

dismissed