Alternative Writ Of Mandamus

123 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Dewell
  131 Fla. 566· Fla.· 1938-03-01 ·cited 161×
  The Florida Supreme Court upheld a trial judge's disqualification based on an affidavit filed by the State's Assistant County Solicitor, holding that the State is a party entitled to suggest judicial disqualification for prejudice and that an Assistant County Solicitor is authori
• State ex rel. J. H. Sherrill & D. A. Vann v. Milam
  113 Fla. 491· Fla.· 1932-10-01 ·cited 72×
  Bond holders of negotiable coupon refunding bonds issued by the Everglades Drainage District sought mandamus to compel the Board of Commissioners and tax assessors to assess and collect drainage taxes at the rate fixed by Chapter 10026 (Acts of 1925), arguing that subsequent legi
• Myers v. State
  81 Fla. 32· Fla.· 1921-01-14 ·cited 72×
  The Florida Supreme Court reversed the issuance of a peremptory writ of mandamus requiring an Odd Fellows lodge secretary to issue a receipt for dues paid under a disputed assessment schedule. The court held that mandamus was an inappropriate remedy because the relator's legal ri
• State v. City of Pompano
  136 Fla. 730· Fla.· 1938-12-01 ·cited 66×
  Trustees of the Broward County Bondholders' Association sought a writ of mandamus to compel the City of Pompano to levy taxes to pay municipal bonds issued in 1927. The Florida Supreme Court denied the writ, holding that the City lacked power to issue the bonds because they were
• Radford v. Brock
  914 So. 2d 1066· Fla. 2d DCA· 2005-11-30 ·cited 62×
  The court held that the trial court erred in dismissing a petition for writ of mandamus without issuing an alternative writ or resolving factual disputes with sworn evidence.
• City of Bradenton v. State
  118 Fla. 838· Fla.· 1935-03-21 ·cited 58×
  The Florida Supreme Court reversed a judgment awarding a peremptory writ of mandamus to a bondholder against the City of Bradenton for payment of matured bonds and coupons, holding that while the relator was entitled to some relief on the merits, the peremptory writ deviated subs
• Kurtis J. Smith v. State
  696 So. 2d 814· Fla. 2d DCA· 1997-03-12 ·cited 56×
  Kurtis J. Smith, a prisoner, sought writs of mandamus to compel disclosure of public records related to his criminal convictions from assistant public defenders. The trial courts denied his complaints without allowing responses from the public defenders. The appellate court rever
• State v. Hollingsworth
  103 Fla. 801· Fla.· 1931-12-09 ·cited 49×
  The Florida Supreme Court considered whether a writ of mandamus was appropriate to restore a doctor's license revoked by the State Board of Medical Examiners. The Court found that the Board failed to follow statutory procedures, denying the doctor fundamental rights, and thus gra
• State v. Johnson
  102 Fla. 19· Fla.· 1931-06-15 ·cited 49×
  The Florida Supreme Court upheld the constitutionality of Senate Bill No. 512, which created a statutory Board of Elections for the City of Tampa and transferred election-related powers from the City Clerk to the new Board. The Court rejected the City Clerk's constitutional chall
• State of Fla. ex rel. Fla. Indus. Comm'n & James T. Vocelle v. Willis
  124 So. 2d 48· Fla. 1st DCA· 1960-11-04 ·cited 39×
  The Florida Industrial Commission sought a writ of prohibition to prevent the Circuit Court of Leon County from exercising jurisdiction over a mandamus action brought by Air Control Products regarding an unemployment compensation contribution assessment. The court held that the C
• State v. City of Homestead
  125 Fla. 105· Fla.· 1936-08-03 ·cited 32×
  This case clarifies that strict compliance with a peremptory writ of mandamus is required, with limited exceptions for supervening legal impossibilities. The court emphasized that parties must obey court orders and that failure to do so can result in contempt proceedings.
• Satz v. Blankenship
  407 So. 2d 396· Fla. 4th DCA· 1981-12-23 ·cited 31×
  A newspaper reporter sued for access to tape recordings in a criminal investigation under Florida's Public Records Act. The court held that tape recordings are 'documents' under the statute and must be disclosed once given to the accused, as they lose their law enforcement secrec
• State v. Latham
  125 Fla. 69· Fla.· 1936-07-27 ·cited 31×
  In this 1936 mandamus case, the Florida Supreme Court held that allegations in an alternative writ of mandamus were sufficient to warrant a peremptory writ ordering a recount of votes in a primary election for County Judge, but stayed the mandamus proceeding pending completion of
• Wong v. Karsten Bodo von Wersebe
  365 So. 2d 429· Fla. 3d DCA· 1978-12-19 ·cited 28×
  James and Sandra Wong appealed the denial of their motion to intervene in a mandamus action after a peremptory writ had already been entered expunging federal court restraining orders from Dade County public records. The Third District Court of Appeal affirmed the trial court's d
• State of Fla. ex rel. William D. Barfield v. Fla. Yacht Club
  106 So. 2d 207· Fla. 1st DCA· 1958-10-28 ·cited 28×
  The Florida District Court of Appeal affirmed the dismissal of a mandamus petition filed by a yacht club member seeking reinstatement after expulsion. The court held that private social clubs have broad discretionary authority to expel members without court review of the merits,
• Hunter v. Solomon
  75 So. 2d 803· Fla.· 1954-11-16 ·cited 27×
  The Florida Supreme Court reversed a mandamus order compelling the State Beverage Director to transfer a beverage license to a new owner at a new location. The court held that mandamus cannot compel a public agency to exercise discretionary functions in a particular manner when i
• State v. Bd. of Pub. Instruction of Broward Cnty.
  120 Fla. 599· Fla.· 1935-07-23 ·cited 24×
  The Florida Supreme Court held that a school board's resolution appropriating tax levy funds to settle one mandamus case cannot bind third parties with competing claims to those same funds. A voluntary dismissal of the first mandamus suit and settlement agreement do not create a
• State v. Smith
  105 Fla. 368· Fla.· 1932-05-02 ·cited 23×
  This case addresses whether a municipality must pay bond interest coupons in a mandamus proceeding when the bonds are valid, funds are available, and the holder presents coupons for payment. The Florida Supreme Court held that mandamus is an appropriate remedy to compel payment o
• State Ex Rel. Hawkins v. Bd. of Control
  60 So. 2d 162· Fla.· 1952-08-01 ·cited 20×
  The Florida Supreme Court denied a Black student's third request for a writ of mandamus to compel his admission to the University of Florida Law School. The court found that the state had provided a separate, substantially equal law school for Black students at Florida A&M Colleg
• LB Price Mercantile Co. v. Gay
  44 So.2d 87· Fla.· 1950-01-31 ·cited 19×
  The Supreme Court of Florida held that a company's business locations were not "stores" under the state's tax statute because no sales or offers for sale occurred on the premises. The court ordered the refund of taxes paid under protest.
• State v. Gray
  154 Fla. 255· Fla.· 1944-03-09 ·cited 19×
  In a mandamus action, the petitioner must clearly demonstrate that a legal duty devolves upon the respondent to perform the requested act. Here, the petitioner failed to meet this burden because the statute required candidate filings with the Secretary of State "not later than th
• State ex rel. Hugh Devlin & Mary Devlin v. Honorable Fred O. Dickinson, Jr.
  305 So. 2d 848· Fla. 1st DCA· 1974-12-19 ·cited 17×
  The court held that the class action allegations should be reinstated but limited to those who applied for and were denied a tax refund, and that the appellants had exhausted their administrative remedies.
• Sanitarians' Registration Bd. of the State of Fla. v. Solomon
  148 So. 2d 744· Fla. 1st DCA· 1963-01-22 ·cited 17×
  The Sanitarians' Registration Board appealed a mandamus order compelling it to issue a certificate of registration to Eugene Solomon without examination under the 'grandfather clause' of Florida law. The court reversed, holding that mandamus was not the proper remedy because dete
• Fla. Tel. Corp. v. State of Fla. ex rel. Peninsular Tel. Co.
  111 So. 2d 677· Fla. 1st DCA· 1959-04-28 ·cited 16×
  A shareholder of Florida Telephone Corporation sought a mandatory writ requiring access to the corporation's stock records under Florida Statute Section 608.39. The court affirmed that a shareholder owning more than one percent of outstanding shares has a statutory right to inspe
• McNally v. State
  117 Fla. 33· Fla.· 1934-10-19 ·cited 15×
  This Florida Supreme Court case affirms a trial court judgment that was entered in compliance with the Court's prior mandate. The Court holds that where a trial court properly follows the Supreme Court's prior directive on remand, a second appeal will be affirmed and proceedings
• Javoney D. Roberts v. State
  235 So. 3d 1001· Fla. 2d DCA· 2017-12-27 ·cited 14×
• State of Fla. ex rel. Volusia Cnty. v. Dickinson
  269 So. 2d 9· Fla.· 1972-11-01 ·cited 14×
  Volusia County, a charter county under the Florida Constitution, sought a writ of mandamus against state officials to establish its authority to levy an excise tax on cigarettes in unincorporated areas. The Florida Supreme Court held that charter counties possess the same taxing
• City of Hialeah v. State
  136 Fla. 498· Fla.· 1938-10-31 ·cited 14×
  This case concerns whether a relator seeking a writ of mandamus to compel a city to pay past-due bonds and interest coupons adequately pleaded the existence of available funds. The court held that the relator's allegation of "available and applicable funds" was sufficient, as the
• State ex rel. Fraternal Order OF Police v. City OF Orlando
  269 So. 2d 402· Fla. 4th DCA· 1972-11-22 ·cited 12×
  The court denied a petition for mandamus seeking to compel the City of Orlando to engage in collective bargaining with the Fraternal Order of Police, holding that mandamus is not the proper remedy when the duty sought to establish is not yet clearly established and an adequate al
• Moneyhun v. Purdy
  258 So. 2d 505· Fla. 3d DCA· 1972-02-29 ·cited 12×
  A former Dade County Sheriff's Deputy sought mandamus to overturn his dismissal, alleging perjured testimony and prosecutorial misconduct at his administrative hearing. The appellate court affirmed the circuit court's denial of the mandamus petition, holding that reinstatement wo
• State ex rel. Dr. A. H. Weathers v. Davis
  143 Fla. 250· Fla.· 1940-05-28 ·cited 12×
  This case involves a physician whose medical license was revoked while he was imprisoned. The court held that if the physician was indeed imprisoned and unable to attend his hearing, the revocation was void because he was denied his statutory right to be present and defend himsel
• The State of Fla. ex rel. L. S. Rhodes v. Goodson
  65 Fla. 475· Fla.· 1913-05-27 ·cited 12×
  The Florida Supreme Court dismissed a writ of error challenging the trial court's denial of a petition for an alternative writ of mandamus, holding that an order merely refusing the alternative writ without dismissing the case on the merits is not a final judgment reviewable by w
• State v. State Bd. OF Admin.
  158 Fla. 567· Fla.· 1947-02-04 ·cited 11×
  In this mandamus proceeding, the Florida Supreme Court addressed whether a county resident holding certificates of indebtedness issued under Chapter 10145 (Acts 1925) could compel the State Board of Administration to apply Second Gas Tax funds to satisfy those certificates. The C
• Atkins v. State
  136 Fla. 596· Fla.· 1939-03-07 ·cited 11×
  This case involves a dispute over the issuance of a school warrant. The appellate court reversed the lower court's decision, finding that the respondent was not given adequate time to prepare a defense, thus violating due process.
• Gerry Parish v. State
  59 So. 3d 1229· Fla. 4th DCA· 2011-05-11 ·cited 10×
  The court held that the trial court erred in denying the petition for a writ of mandamus because the state's response was unsworn and the appellant should have been allowed to amend the petition to add the clerk of court as a respondent.
• State of Fla. ex rel. Robert L. Turchin, Inc. v. Herin
  99 So. 2d 578· Fla.· 1957-03-20 ·cited 8×
  On rehearing, the court quashed the alternative writ of mandamus previously issued, holding that mandamus, being equitable in nature, may be denied when its issuance would not promote substantial justice or would aid a palpable injustice, even if the movant has a technical legal
• Cornelius v. State
  136 Fla. 506· Fla.· 1938-10-31 ·cited 8×
  The Florida Supreme Court affirmed a peremptory writ of mandamus compelling a county judge to vacate orders he had entered without jurisdiction. The orders had attempted to set aside a judgment that had become final and absolute, and the court held that mandamus was the appropria
• Bishop v. Chillingworth
  120 Fla. 740· Fla.· 1935-09-02 ·cited 8×
  The Florida Supreme Court upheld a circuit judge's striking of a motion for new trial where the defendants failed to comply with statutory requirements for presenting motions for new trial, specifically the requirement to serve opposing counsel with a copy of the motion and three
• Myers v. Fla. Parole & Prob. Comm'n
  705 So. 2d 1000· Fla. 4th DCA· 1998-02-04 ·cited 6×
  Walter Myers appealed the summary denial of his habeas corpus/mandamus petition challenging the Florida Parole and Probation Commission's decision to suspend his presumptive parole release date. The court reversed the summary denial, finding that Myers stated a prima facie case t
• W. Flagler Assocs., Ltd. v. Bd. OF Bus. Reg.
  251 So. 2d 855· Fla.· 1971-06-30 ·cited 6×
  West Flagler Associates and Calder Race Course challenged the Florida Board of Business Regulation's grant of 21 additional operating days and 11 matinee performances to Miami Jai Alai as makeup for days lost due to labor-management closure. The Florida Supreme Court partially up
• Brooks v. City OF W. Miami
  246 So. 2d 115· Fla. 3d DCA· 1971-03-09 ·cited 6×
  Preston Brooks and his corporation appealed a judgment denying their request for a peremptory writ of mandamus against the City of West Miami. The court affirmed the denial of the mandamus writ and upheld the trial court's dismissal of the city's counterclaim, holding that counte
• Petit v. Adams
  211 So. 2d 565· Fla.· 1968-06-24 ·cited 6×
  The Florida Supreme Court issued an emergency writ to prevent the Dade County Canvassing Board from erasing voting machine counters related to a second primary election for U.S. Senator. The Court recognized jurisdictional concerns but determined that preventing erasure of the vo
• City OF W. Palm Beach v. Knuutila
  183 So. 2d 881· Fla. 4th DCA· 1966-03-14 ·cited 6×
  The City of West Palm Beach appealed from a judgment granting George Knuutila a peremptory writ of mandamus to compel renewal of his beverage license. The court reversed because the alternative writ of mandamus, which became the operative pleading in the case, contained only conc
• Bd. OF Cnty. Comm'rs OF Dade Cnty. v. State of Fla. Upon the Relation of Mrs. John Dell Frazier
  111 So. 2d 476· Fla. 3d DCA· 1959-04-30 ·cited 6×
  A nurse employed by Dade County sought mandamus relief after being transferred from her preferred duty assignment to another position with identical pay, hours, and job classification. The trial court found the transfer was tantamount to discharge and ordered reinstatement, but t
• State v. THE Honorable Spessard L. Holland
  151 Fla. 806· Fla.· 1942-11-17 ·cited 6×
  The Florida Supreme Court held that lands acquired by the State under the Murphy Act (through tax forfeiture) are not 'public lands' within the meaning of the state constitution and mandamus was properly issued to compel the Trustees of the Internal Improvement Fund to convey suc
• State v. Ulsch
  137 Fla. 321· Fla.· 1939-04-21 ·cited 6×
  The Florida Supreme Court reversed a lower court's dismissal of a mandamus petition filed by J. D. Whitehead seeking to compel city officials to place him on the Jacksonville Employees Pension Fund roll and pay accumulated pension benefits. The court held that a disabled employee
• Fisher W. Hannum v. State
  127 Fla. 313· Fla.· 1936-12-10 ·cited 6×
  The Florida Supreme Court reversed a judgment awarding a peremptory writ of mandamus against Fisher W. Hannum, a former treasurer of The Hannum Company, requiring him to turn over company property to his successor. The Court held that mandamus cannot be used as a vehicle for acco
• State v. Robt. W. Davis
  122 Fla. 425· Fla.· 1936-01-25 ·cited 6×
  In this mandamus proceeding, the Florida Supreme Court addresses whether the Senate and House Secretaries must expunge from their journals entries regarding the enactment of Chapter 17085 (Senate Bill No. 4) and judicial appointments made on May 31, 1935. The Court holds that the
• Williams v. The State of Fla. ex rel. Vincent Nuccio, Jr.
  97 Fla. 876· Fla.· 1929-05-21 ·cited 6×
  The Florida Supreme Court quashed a writ of error filed by election officials challenging a lower court's peremptory mandamus order requiring a recount and recanvass of votes in a 1928 county commissioner election. The Court found the error proceedings frivolous and designed sole
• Silvers v. State ex rel.
  68 Fla. 368· Fla.· 1914-11-24 ·cited 6×
  The Florida Supreme Court reversed a peremptory writ of mandamus compelling a city treasurer to pay municipal warrants, holding that the relator must demonstrate the respondent's ability to comply with the mandate, not merely a duty to pay.