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Kerri L. SCARRY, Appellant/Petitioner(s), v. Duncan J. SCARRY, Appellee/Respondent(s).

District Court of Appeal of Florida, Second District2018-05-23No. CASE NO.: 2D18–1545
245 So. 3d 713

Authorities cited

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Opinion

majority opinion

The petition for writ of mandamus is granted. The trial court is ordered to strike the husbands notice for trial and to remove the case from the trial docket, as the wifes motion to strike the husbands reply, a motion directed to the last pleading served, has not yet been disposed of. See Fla. Fam. L. R. P. 12.440 ; Gawker Media, LLC v. Bollea, 170 So. 3d 125 (Fla. 2d DCA2015). Because we are confident that the circuit court will promptly comply with this ruling, we withhold formal issuance of the writ. The wifes motion to strike is denied as moot.

VILLANTI, MORRIS, and ROTHSTEIN-YOUAKIM, JJ., Concur.