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Longmeier v. Longmeier
Citations: 895 So. 2d 537; 2005 Fla. App. LEXIS 3201; 2005 WL 562643Docket: No. 1D05-0516
Court: District Court of Appeal of Florida; March 10, 2005; Florida; State Appellate Court
Michael Longmeier filed a petition for a writ of mandamus, claiming that the trial court is failing to enforce child visitation rights as outlined in an unmodified dissolution of marriage judgment. A November 9, 2004 order permitted the child to choose counseling over visitation with Longmeier, while other relief requests by Longmeier were postponed. For a writ of mandamus to be granted, it must be demonstrated that no other legal remedy is available. The court referenced two precedent cases, noting that if the November 9 order was appealable, Longmeier forfeited his right to relief by not appealing it. Conversely, if the order was not appealable due to the trial court retaining jurisdiction over certain matters, Longmeier would still have a viable legal remedy when an appealable order is issued in the future. The petition does not qualify as seeking the issuance of an appealable order, as Longmeier did not show that he made a distinct demand for such an order to the trial court. Consequently, the petition for a writ of mandamus is denied, with concurrence from the judges.