STATE OF FLORIDA EX REL. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 2019, (AIRPORT FIREFIGHTERS OF BROWARD COUNTY), PETITIONER,
v.
BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA, ET AL., RESPONDENTS
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The Florida Supreme Court denied a petition for a writ of mandamus filed by a firefighters' union seeking to compel the Broward County Board of Commissioners to engage in collective bargaining, finding that substantial factual issues precluded the Court from entertaining the petition and transferring the case to circuit court instead.
The Florida Supreme Court denied the petition for writ of mandamus because substantial and numerous issues of fact existed that required the taking of testimony, which placed the case outside the Court's jurisdiction under Florida Appellate Rule 4.5. The case was transferred to the Circuit Court of the Seventeenth Judicial Circuit in Broward County, which had original jurisdiction to entertain the cause.
[1] A petition for writ of mandamus will not be entertained by the court when it raises substantial issues of fact requiring the taking of testimony.
[2] A court may transfer a case to a circuit court with original jurisdiction when the petition raises factual issues that the appellate court cannot hear.
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Join FLexlaw to unlock all legal intelligence“Writs Raising Issue of Fact Will Not Be Heard. When it appears that an application raises questions of fact which will require the taking of testimony said application will not be entertained by the Court.”
This rule from Florida Appellate Rule 4.5 is the basis for the Court's decision to decline jurisdiction and transfer the case to circuit court.
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Join FLexlaw to unlock all legal intelligenceThe International Association of Firefighters, Local 2019, sought mandamus relief claiming the Board of County Commissioners was failing to perform it…
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Petitioner seeks mandamus to compel respondents to engage in collective bargaining, contending that respondents are failing to perform their duty under Article I, § 6 (Declaration of Rights), Constitution of Florida 1968, F.S.A.
After hearing argument of counsel on the Petition for Writ of Mandamus, the Court on September 15, 1971, issued its Alternative Writ of Mandamus commanding respondents herein to accept or reject the proposed contract submitted on March 17, 1971, and otherwise engage in good faith collective bargaining with the relator or show cause why Peremptory Writ of Mandamus commanding the same to be done should not issue. Upon consideration of the return to the Alternative Writ of Mandamus, it appears that substantial and numerous issues of fact exist which require the taking of testimony for determination. Florida Appellate Rule 4.5, subd. a (2), 32 F.S.A. provides:
“(2) Writs Raising Issue of Fact Will Not Be Heard. When it appears that an application raises questions of fact which will require the taking of testimony said application will not be entertained by the Court.”
The Court having consistently ruled that it will not entertain a Petition for Writ of Mandamus which raises substantial issues of fact, this case is hereby transferred to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida.
We have not overlooked this Court’s decision in State of Florida ex rel. Soodhalter v. Baker, 248 So.2d 468, which apparently prohibits the transfer to the circuit court under the circumstances here presented. However, we hereby recede from any language in the Soodhalter opinion which could be construed as barring a direct transfer from this Court or a District Court of Appeal when a circuit court has original jurisdiction to entertain the cause.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999)…ry writ petitions raising substantial issues of fact and has dismissed without prejudice or transferred such cases to the appropriate circuit court. See, e.g., State ex rel. International Ass’n of Firefighters, Local 2019 v. Board of County Comm’rs, 254 So. 2d 195, 196 (Fla.1971)(transferring petition to the circuit court due to the need for fact-finding); State ex rel. Harris v. Gautier, 108 Fla. 390, 415-16, 147 So. 846, 847 (1933)(dismissing mandamus petition without prejudice to pursuing remedy in circuit…
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Samy Helmy and Nadia Helmy v. Hon. William T. Swigert, 662 So. 2d 395 (Fla. 5th DCA 1995)…TED; REMANDED to trial court for further proceedings consistent with this opinion. PETERSON, C.J., and GOSHORN, J., concur. . See State ex rel. International Association of Firefighters, Local 2019 v. Board of County Commissioners, Broward County, 254 So. 2d 195 (Fla.1971) (court will not entertain petition for writ of mandamus which raises substantial issues of fact); Board of Commissioners for Lee County v. Royal Pelican Development, Inc., 614 So. 2d 1164 (Fla. 2d DCA), rev. denied, 624 So. 2d 268 (Fla.19…
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Clanton v. Honorable Calvin R. Mapp, 559 So. 2d 656 (Fla. 3d DCA 1990)…Jurisdiction lies in the circuit court and, pursuant to rule 9.040(b), Florida Rules of Appellate Procedure, we transfer the cause to the appellate division of the circuit court. State ex rel. Int’l Ass’n of Firefighters v. Board of County Comm’rs, 254 So. 2d 195 (Fla.1971); State ex rel. Soodhalter v. Baker, 248 So. 2d 468 (Fla.1971); accord State ex rel. Brewer v. Pettie, 294 So. 2d 120, 122 (Fla. 4th DCA 1974). The motion to dismiss is denied and the cause is transferred to the circuit court.…
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- State v. The Honorable Paul Baker, 248 So. 2d 468 (Fla. 1971)