Full Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D21-0081 _____________________________ ANTHONY D. CARTER, Petitioner, v. RICHARD S. LAWSON, Respondent. _____________________________ Petition for Writ of Mandamus—Original Jurisdiction. April 8, 2021 PER CURIAM. Petitioner has filed a petition for writ of mandamus seeking to compel the trial court to rule on Petitioner’s pending motion to hear and rule and on his “Request for Entry of Default on Defendant’s Failure to Plead.” Petitioner filed a motion for default under Rule 1.500(a), Florida Rules of Civil Procedure, and in that motion sought entry of default by the Clerk of the Court of Duval County. Respondent, as defendant below, filed an answer to the initial complaint but has apparently not responded to the amended complaint. Rule 1.500(a) concerns entry of a default by a clerk of court upon failure by “a party against whom affirmative relief is sought” to “file or serve any document in the action.” Since Respondent has filed an answer to the initial complaint, a default cannot be entered by the Duval Clerk under rule 1.500(a) as Petitioner has requested. See Azure-Moore Inv. LLC v. Hoyen, 300 So. 3d 1268, 1270 (Fla. 4th DCA 2020); Becker v. Re/Max Horizons Realty, Inc., 819 So. 2d 887, 890 (Fla. 1st DCA 2002). In his petition with this court, petitioner seeks us to compel the trial court to rule on his motion for default. But the trial court cannot be compelled to rule here. See Conner v. Moran, 278 So. 3d 790, 793 (Fla. 1st DCA 2019) (“The writ of mandamus is available only to compel a non-discretionary ministerial duty by a public official where the petitioner has no other legal remedy to obtain the relief sought.”). Here, any default would have to be a judicial default under rule 1.500(b). Petitioner has not shown that he has sought the entry of such a default from the trial court. Accordingly, the petition is DENIED. B.L. THOMAS, BILBREY, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Anthony D. Carter, pro se, Petitioner. No appearance for Respondent. 2