FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, A LABOR ORGANIZATION, WILLIAM T. SMYLIE AND JEFF TURNER, APPELLANTS,
v.
CESAR ODIO, IN HIS CAPACITY AS CITY MANAGER OF THE CITY OF MIAMI, AND THE CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLEES
Explore caselaw by topic → Browse Writ Of Mandamus Requirements cases and more on FLexlaw
PER CURIAM.
Appellants challenge the trial court’s issuance of a final order denying a petition for writ of mandamus and a request for temporary injunction. A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable ministerial duty on the part of the respondent, and the absence of another adequate remedy. Department of Health & Rehabilitative Services v. American Healthcorp, 471 So. 2d 1312, 1314 (Fla. 1st DCA 1985); State ex rel. Blatt v. Panelfab International Corp., 314 So. 2d 196, 198 (Fla. 3d DCA 1975); City of Miami v. Rezeau, 129 So. 2d 432 (Fla. 3d DCA), cert. denied, 133 So. 2d 646 (Fla.1961). Our review of the record, applicable case law, and the pertinent sections of the Civil Service Rules and Regulations and the Charter of the City of Miami reveals that appellants failed to prove the existence of even one of these three factors. Finding no merit in the remaining issues, we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
LEE Cnty. v. State Farm Mut. Auto. Ins. Co., 634 So. 2d 250 (Fla. 2d DCA 1994)…y law. Before the court may issue a writ of mandamus, it must be shown that there is a clear legal right on the part of the petitioner and that there is an indisputable legal duty on the part of the respondent. See Fraternal Order of Police v. Odio, 491 So. 2d 339 (Fla. 3d DCA), rev. denied, 500 So. 2d 544 (Fla.1986). It is fundamental to the writ that the legal duty of the public agency must be ministerial in nature and not discretionary. Holland v. Wainwright, 499 So. 2d 21 (Fla. 1st DCA 1986). Mandamus wa…
-
City OF Miami v. Vill. OF KEY Biscayne & Miami-Dade Cnty., 197 So. 3d 580 (Fla. 3d DCA 2016)…(b)(3) of the Florida Rules of Appellate Procedure. Mandamus is issued to compel a trial court to perform a ministerial function, not a discretionary action. Bailem v. State, 984 So. 2d 604, 605 (Fla. 3d DCA 2008); Fraternal Order of Police v. Odio, 491 So. 2d 339, 340 (Fla. 3d DCA 1986) (Mem) (“A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable legal duty on the part of the respondent, and the absence of another adequate remedy.”). C. T…
-
Miami-Dade Cnty. v. Palmetto BAY, 744 So. 2d 1076 (Fla. 3d DCA 1999)…ht to the performance of a ministerial duty” namely, the holding of an election, mandamus was inappropriately granted in the instant matter. Borja v. NationsBank of Florida, N.A., 698 So. 2d 280 (Fla. 3d DCA 1997); Fraternal Order Of Police v. Odio, 491 So. 2d 339 (Fla. 3d DCA 1986). Reversed.…
Authorities Cited
- Dep't of Health & Rehabilitative Servs. v. Am. Healthcorp of Vero Beach, Inc., 471 So. 2d 1312 (Fla. 1st DCA 1985)
- State v. Panelfab Int'l Corp., 314 So. 2d 196 (Fla. 3d DCA 1975)
- Rezeau v. City of Miami, 133 So. 2d 646 (Fla. 1961)
- Howard v. Howard, 133 So. 2d 646 (Fla. 1961)
- City OF Miami v. Rezeau, 129 So. 2d 432 (Fla. 3d DCA 1961)