
    Rayfield LANE, Petitioner, v. Honorable Frank N. KANEY, Circuit Judge, etc., Respondent.
    No. 89-2312.
    District Court of Appeal of Florida, Fifth District.
    Feb. 22, 1990.
    Rayfield Lane, Punta Gorda, pro se.
    Robert A. Butterworth, Atty. Gen., and Kimberly J. Tucker, Asst. Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for respondent.
   DAUKSCH, Judge.

This is before the court on a petition for writ of mandamus. Petitioner seeks a name change from the circuit court and the judge has failed or refused to act; we know not which because two orders for response have been essentially unanswered. An assistant attorney general alleges that perhaps petitioner is not entitled to action by the circuit court because he is a prisoner domiciled in another county thus may not be entitled to an order of the court. We cannot agree this is sufficient reason for the trial judge to not act upon the pending case. It should be decided one way or another.

We deem it unnecessary to issue the writ at this time in full confidence the trial judge will act upon receipt of this decision. When the case is concluded below the respondent is requested to notify this court.

It is so ordered.

DANIEL, C.J., concurs.

GOSHORN, J., dissents with opinion.

GOSHORN, Judge,

dissenting.

The petitioner has failed to allege that he has requested the court to schedule a hearing on his petition for name change or that he would be available to appear at the hearing when one is scheduled. I would deny the petition for writ of mandamus. 
      
      . The response alleges that the petitioner is incarcerated at Charlotte Correctional Institute, Punta Gorda, Charlotte County, Florida.
     