Gosby v. Third Judicial Circuit Court
Docket: No. 90-1141
Court: District Court of Appeal of Florida; May 22, 1990; Florida; State Appellate Court
Jerry Wesley Gosby, an inmate at the Cross City Correctional Institute, filed a petition for a writ of mandamus, seeking to compel the Third Judicial Circuit to rule on his petition for a name change submitted in May 1989. Despite the Department of Corrections responding to the petition and Gosby filing two notices of hearing, the circuit court has not issued a final order. Gosby argues that he is entitled to a ruling. The court denied the petition, stating that Gosby failed to demonstrate he had scheduled a hearing or that he or his legal representative would attend one. Without such evidence, the trial court is not obligated to rule on the petition. The decision aligns with a dissenting opinion in Lane v. Kaney, and the court certifies a conflict with the Florida Supreme Court regarding this matter. The petition for writ of mandamus is denied, with concurrence from Judges Ervin, Nimmons, and Retired Associate Judge Ford L. Thompson.