JOSEPH SEME
v.
OFFICE OF THE STATE ATTORNEY, ETC., ET AL.
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A writ of mandamus will not be granted when compliance would be unavailing or produce no beneficial result to the petitioner.
[1] A writ of mandamus will not be granted when the writ would be unavailing, compliance would be nugatory in its effects, or the writ would produce no beneficial results to…
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Join FLexlaw to unlock all legal intelligence“It is well-established fundamental principle of the law of mandamus that the writ will never be granted in cases when, if issued, it would prove unavailing, or when compliance with it would be nugatory in its effects, or would be without beneficial results and fruitless to the relator.”
State ex rel. Ostroff v. Pearson, 61 So. 2d 325, 326 (Fla. 1952)
Joseph Seme filed a mandamus petition against the Office of the State Attorney in Miami-Dade County. The trial court denied the petition.…
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Third District Court of Appeal State of Florida
Opinion filed August 13, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2241 Lower Tribunal No. F99-1602C ________________
Joseph Seme, Appellant,
vs.
Office of the State Attorney, etc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Teresa Mary Pooler, Judge.
Joseph Seme, in proper person.
Katherine Fernandez Rundle, State Attorney, and Sonali N. Desai, Assistant State Attorney, for appellee the State of Florida.
Before EMAS, LOBREE, and GOODEN, JJ.
PER CURIAM.
Affirmed. See State ex rel. Ostroff v. Pearson, 61 So. 2d 325, 326 (Fla. 1952) (“It is well-established fundamental principle of the law of mandamus that the writ will never be granted in cases when, if issued, it would prove unavailing, or when compliance with it would be nugatory in its effects, or would be without beneficial results and fruitless to the relator.”); Skeen v. D'Alessandro, 681 So. 2d 712, 713 (Fla. 2d DCA 1995) (“There was no evidence, presented or proffered, that the document sought by the mandamus petition existed at the time of the hearing. Therefore, a writ ordering its production would be unavailing. Accordingly, we affirm.”).