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Hickmon v. Clerk of Circuit Court, Seminole County

Citations: 906 So. 2d 311; 2005 Fla. App. LEXIS 6962; 2005 WL 1123363Docket: No. 5D05-291

Court: District Court of Appeal of Florida; May 13, 2005; Florida; State Appellate Court

Narrative Opinion Summary

Hickmon filed a petition for mandamus relief to compel the Clerk of the Court for Seminole County to process his case, claiming that despite filing several motions and requesting hearings over the past six months, the circuit court has not acted on his case. The Clerk of the Circuit Court responded, stating she is not a proper party to this action as she was neither named nor served. She provided case progress records demonstrating that she had fulfilled her responsibilities by filing all of Hickmon's submissions. The court found that if the issue was due to inactivity by the assigned judge, the petition was legally insufficient because Hickmon failed to identify and serve the judge as a party. Consequently, the petition for mandamus relief was denied. Judges SHARP, PLEUS, and ORFINGER concurred with the decision.

Legal Issues Addressed

Mandamus Relief Requirements

Application: The court requires that a mandamus petition must adequately identify and serve all relevant parties responsible for the alleged inaction.

Reasoning: The court found that if the issue was due to inactivity by the assigned judge, the petition was legally insufficient because Hickmon failed to identify and serve the judge as a party.

Proper Party Requirement in Legal Proceedings

Application: The Clerk of the Court was not considered a proper party to the mandamus action as she was neither named nor served, and she had fulfilled her administrative responsibilities.

Reasoning: The Clerk of the Circuit Court responded, stating she is not a proper party to this action as she was neither named nor served.

Responsibilities of the Clerk of the Court

Application: The Clerk demonstrated compliance with her duties by filing all submissions made by Hickmon, thereby discharging her responsibilities under the law.

Reasoning: She provided case progress records demonstrating that she had fulfilled her responsibilities by filing all of Hickmon's submissions.