District Court of Appeal of Florida March 31, 2017, CASE NO. 1D16-3748 (Rupp v. HMC Assets, LLC)

PER CURIAM.

Through his August 19, 2016 emergency petition for writ of mandamus, William Rupp sought to halt a trial set for August 25. According to the petition, the action was not “at issue” because pleading issues remained outstanding. Accordingly, Rupp argued, the trial court violated Florida Rule of Civil Procedure 1.440 by setting the case for trial.