Alternative Writ Of Mandamus

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

• The State of Fla. ex rel Charles E. Bradley v. Cone
  40 Fla. 409· Fla.· 1898-06-01 ·cited 6×
  The Florida Supreme Court held that mandamus is not an appropriate remedy to compel a sheriff to sell property under an execution when the sheriff refuses to do so. The court found that the judgment creditor has an adequate remedy at law against the sheriff for damages in such a
• Minasian v. State
  967 So. 2d 454· Fla. 4th DCA· 2007-11-07 ·cited 5×
  Michael Minasian, a prisoner, appealed the trial court's denial of his petition for writ of mandamus seeking to compel the Clerk of Court to provide transcripts and court documents from his 1993 criminal trial. The appellate court reversed, holding that Minasian's petition stated
• Weitzenfeld v. Dierks
  312 So. 2d 194· Fla.· 1975-03-12 ·cited 5×
  The county commission can make lump sum amendments to budget items but cannot dictate the utilization of funds within those items, as that function belongs to the sheriff.
• Reedus v. Friedman
  287 So. 2d 355· Fla. 3d DCA· 1973-12-21 ·cited 5×
  A court reporter refused to provide a trial transcript at the statutory rate of $0.50 per page, demanding $1.50 per page under a local court rule. The court dismissed the petitioner's mandamus action, but the appellate court reversed, holding that no legally effective fee change
• State ex rel. Peter v. Balma
  107 So. 2d 620· Fla. 3d DCA· 1958-12-23 ·cited 5×
  A former Miami police officer sought mandamus relief to compel reinstatement after dismissal by the Civil Service Board. The court affirmed the trial court's quashing of the writ, finding that the officer's unreasonable delay in pursuing reinstatement—nearly 21 months after dismi
• Tracy v. State
  219 So. 3d 958· Fla. 1st DCA· 2017-05-31 ·cited 4×
  Kevin Tracy appealed the dismissal of his mandamus petition seeking documents related to the chain of custody of a deadly weapon used as evidence in his case. The court reversed, holding that the trial court erred by failing to issue an alternative writ of mandamus and denying th
• State of Fla. on the relation of W. Flagler Assocs., Ltd. v. Bd. OF Bus. Reg. ot the State of Fla.
  238 So. 2d 677· Fla. 1st DCA· 1970-08-31 ·cited 4×
• Complaint of Broward Cnty. Traffic Ass'n
  3 Fla. Supp. 58· Fla. Railroad & P. U. C.· 1953-03-17 ·cited 4×
  The Commission reopened a docket and issued a new order prescribing railroad rates after a prior order was voided by a circuit court for insufficient findings.
• State ex rel. Sidney J. Catts v. Crawford
  72 Fla. 254· Fla.· 1916-10-07 ·cited 4×
  The Florida Supreme Court denied a relator's application to amend a petition for a writ of mandamus, finding the amended petition lacked sufficient grounds to justify the requested relief.
• Williams v. State
  189 So. 3d 909· Fla. 2d DCA· 2016-03-18 ·cited 3×
  Larry Williams appealed the dismissal of his mandamus petition seeking access to records allegedly containing exculpatory evidence in his sexual battery conviction. The court affirmed the dismissal on the narrow ground that the petition was facially insufficient but allowed him t
• State of Fla. Ex rel. Dave Alper v. Tomlinson
  157 Fla. 471· Fla.· 1946-05-28 ·cited 3×
  The court held that the relator failed to demonstrate a clear legal right to the performance of the act sought to be coerced, thus mandamus was not the proper remedy.
• City of Bradenton v. State
  122 Fla. 516· Fla.· 1936-02-07 ·cited 3×
  City of Bradenton challenges a writ of mandamus ordering it to levy and collect taxes to pay bond interest owed to Ben Hur Life Association. The Florida Supreme Court affirms the writ, holding that the mandatory commands do not fatally vary from the recitals and sufficiently info
• City of DeLand v. State
  120 Fla. 402· Fla.· 1935-07-08 ·cited 3×
  The Florida Supreme Court reversed a judgment awarding a peremptory writ of mandamus against the City of DeLand to enforce payment of municipal bonds, holding that the writ was overly broad in certain respects but affirming the underlying right to payment from general funds when
• State v. Binney
  113 Fla. 250· Fla.· 1933-12-13 ·cited 3×
  The Florida Supreme Court granted a motion to amend an alternative writ of mandamus but discharged the current tax roll from its operation. The court allowed the relator to seek relief for a subsequent tax roll and ordered respondents to file a return to the amended writ.
• State v. Duncan
  116 Fla. 193· Fla.· 1933-10-30 ·cited 3×
  The Florida Supreme Court sustained a demurrer to an alternative writ of mandamus, finding that the writ commanded more than the law required. The Court granted leave to amend the writ.
• Baskin v. State
  110 Fla. 110· Fla.· 1933-05-08 ·cited 3×
  The Florida Supreme Court reversed a mandamus writ ordering city officials to disburse bond payment funds, holding that while mandamus can require officials to levy taxes and raise funds for bond payments, the writ cannot command disbursement through procedures that violate the c
• Dance v. City OF Dania
  114 So. 2d 697· Fla. 2d DCA· 1959-10-02 ·cited 2×
  W. H. Dance sought a writ of mandamus to compel the City of Dania's Board of Examiners to issue him a certificate of competency as a master electrician without taking the required examination, claiming the examination requirement was unconstitutional. The court affirmed the lower
• Treat v. State
  118 Fla. 448· Fla.· 1935-02-20 ·cited 2×
  The Florida Supreme Court reversed a mandamus judgment against Winter Park city officers for being too broad in scope. The lower court issued an overly expansive writ requiring multiple distinct remedies in a single proceeding, violating established procedural rules for mandamus
• State ex rel. duPont Ball, Inc. v. Sholtz
  112 Fla. 592· Fla.· 1933-11-09 ·cited 2×
  The Florida Supreme Court granted a peremptory writ of mandamus, ordering respondents to comply with the relator's request. The court found that the respondents' return presented no legal basis to prevent the relief sought by the relator.
• State v. Broward Cnty. Port Auth.
  107 Fla. 303· Fla.· 1932-11-23 ·cited 2×
  The Florida Supreme Court modified an alternative writ of mandamus to allow the Broward County Tax Assessor to deliver the 1932 tax assessment roll, prioritizing public interest over prolonged deliberation on the case's merits.
• Scott v. LEE Cnty. Fla. Sch. Bd.
  310 So. 3d 163· Fla. 2d DCA· 2021-01-22 ·cited 1×
  The appellate court affirmed the trial court's denial of a writ of mandamus, but without prejudice. The petitioner failed to attach a copy of his public records request to his petition, which is required for facial sufficiency. The case clarifies the procedural requirements for m
• Moore v. AKE
  693 So. 2d 697· Fla. 2d DCA· 1997-05-14 ·cited 1×
• Bubb v. Barber
  295 So. 2d 701· Fla. 2d DCA· 1974-06-07 ·cited 1×
  This case involves a dispute over the zoning of a parcel of land. The appellees sought a building permit based on a claimed "M" Multiple Family Dwelling zoning, but the court found that the city had not properly enacted the rezoning ordinance, leaving the property under its origi
• State v. Cnty. of Pinellas
  119 Fla. 539· Fla.· 1935-03-29 ·cited 1×
  The Florida Supreme Court granted a peremptory writ of mandamus compelling Pinellas County to pay a specific fund to the City of St. Petersburg. The court held that the pendency of a separate injunction suit in a lower court did not preclude the mandamus action in the Supreme Cou
• Stern v. City of Miami Beach
  Fla. 3d DCA· 2023-03-01
  When a mandamus petitioner has been afforded full opportunity to present its position and the parties have fully briefed their respective positions before the trial court, the trial court need not issue an alternative writ before dismissing the petition, as doing so would be futi
• Stern v. City of Miami Beach
  Fla. 3d DCA· 2023-03-01
  The appellate court affirmed the dismissal of a lawsuit seeking public records. The court found that the trial court did not err by not issuing an alternative writ of mandamus because the appellant had multiple opportunities to present his case and was not deprived of the opportu
• In re Est. OF Charles Henry Warner. Herbert Y. Holcomb, III v. Lee Cnty.
  57 So. 3d 987· Fla. 2d DCA· 2011-04-01
  The estate of Charles Henry Warner appealed a trial court's denial of its petition for an alternative writ of mandamus seeking to compel Lee County to disburse excess funds from a tax deed sale. The appellate court affirmed the denial because the estate had an adequate remedy at
• Coy W. Bellamy v. McNEIL
  7 So. 3d 638· Fla. 1st DCA· 2009-04-20
• Anthony v. Singletary
  718 So. 2d 335· Fla. 2d DCA· 1998-09-23
  James Anthony sought a writ of mandamus to restore lost gain time and remove himself from Close Management status in the Department of Corrections. The circuit court dismissed his petition for failure to serve the respondent, but the appellate court reversed, holding that under F
• City OF Safety Harbor v. KOS Corp.
  598 So. 2d 241· Fla. 2d DCA· 1992-05-08
  The Court held that the St. Paul ordinance was facially unconstitutional because it prohibited fighting words based on content, which violates the First Amendment. The Court also found that the ordinance was not narrowly tailored to serve compelling state interests and that the l
• The Sch. Bd. OF LEE Cnty. v. Malbon
  341 So. 2d 523· Fla. 2d DCA· 1977-01-05
  The School Board of Lee County appeals a mandamus writ ordering it to issue a written final order in an employment termination case. The court reversed, holding that the mandamus petition was untimely filed and that the Board's decision, though not in formal written order, was su
• State of Fla. ex rel. Flagship First Nat'l Bank OF Miami Beach v. The City OF KEY W.
  330 So. 2d 851· Fla. 3d DCA· 1976-04-20
• Bethel v. The City OF KEY W.
  268 So. 2d 468· Fla. 3d DCA· 1972-10-31
  This case concerns a former police lieutenant's attempt to be reinstated to his position two years after his discharge. The court affirmed the dismissal of his petition for a writ of mandamus, finding the Civil Service Board lacked jurisdiction to reinstate him without proper not
• Cieboter v. O'Connell
  236 So. 2d 470· Fla. 1st DCA· 1970-06-16
  A doctoral candidate in Education sought mandamus to compel the University of Florida to consider his completed dissertation and administer his final examination. The court affirmed denial of the petition, holding that university officials have broad discretion in determining stu
• Lake Worth Boating & Fishing Club, Inc. v. City OF Lake Worth
  32 Fla. Supp. 191· Palm Beach Cty. Cir. Ct.· 1969-07-24
  A Florida circuit court addressed a venue dispute in a case where plaintiffs challenged permits issued by the Trustees of the Internal Improvement Fund affecting property in Lake Worth. The court held that state administrative officers like the Trustees may be sued only in their
• Holt v. Hopkins
  219 So. 2d 36· Fla.· 1969-02-19
  The Florida Supreme Court discharged an alternative writ of mandamus and dismissed a petition for an early trial for a federal prisoner. The state attorney filed a "No Information," effectively canceling the detainer warrant against the petitioner.
• State v. TAX Assessor
  31 Fla. Supp. 8· Collier Cty. Cir. Ct.· 1968-01-10
  This case concerns whether a second mandamus action challenging a 1966 tax roll is barred by res judicata or estoppel by judgment from a prior final judgment dismissing an identical mandamus action challenging the 1964 tax roll. The court holds that the second action is barred an
• State v. Dade Cnty.
  30 Fla. Supp. 13· Dade Cty. Cir. Ct.· 1967-11-15
  Five journeyman plumbers sought a writ of mandamus to compel Dade County to issue them master plumber certificates after they failed the isometric drawing portion of the licensing examination. The circuit court rejected their mandamus petition, finding the examination was lawfull
• State v. Monroe Cnty.
  25 Fla. Supp. 179· Monroe Cty. Cir. Ct.· 1964-10-28
  A Florida circuit court granted a writ of mandamus compelling Monroe County commissioners to place a referendum on the November 1964 ballot, despite the commissioners' constitutional challenges to the underlying statute. The court held that absent a clear showing of constitutiona
• State of Fla. ex rel. W. Coast Inland Navigation Dist. v. Anderson
  148 So. 2d 77· Fla. 2d DCA· 1962-12-21
  The Florida District Court of Appeal, Second District, denied a petition for a Writ of Mandamus, finding that the relator, a special taxing district, had not demonstrated sufficient grounds for the writ to be issued by the appellate court.
• State of Fla. ex rel. Lorene Ware v. City OF Miami
  107 So. 2d 385· Fla. 3d DCA· 1958-10-23
  Florida nursery operators appealed an order quashing an alternative writ of mandamus challenging a Miami city ordinance. The court held that an order quashing an alternative writ, when entered on consideration of a motion for peremptory writ notwithstanding the return, constitute
• State ex rel. Lynch v. GAY
  72 So. 2d 274· Fla.· 1954-04-27
  Gail S. Lynch, the official Court Reporter for the Seventh Judicial Circuit, sought mandamus to compel the Comptroller to pay her salary under a 1953 legislative act. The Florida Supreme Court held that the act's restriction to "Circuit Court Reporters" in its title did not exclu
• Meredith v. Mortg. & Sec. Corp.
  146 Fla. 717· Fla.· 1941-04-22
  In an interpleader suit, the Florida Supreme Court determined that gasoline tax funds held by the State Board of Administration could be impounded only when a county commission's resolution authorizing transfer became effective upon the Board's approval. The court held that Mortg
• State ex rel. Robert Brown v. The City of Fort Pierce
  142 Fla. 503· Fla.· 1940-03-26
  The Florida Supreme Court affirmed a lower court's decision to quash an alternative writ of mandamus and dismiss the petition, finding no errors in the record. The relator declined to amend their petition further after the motion to quash was granted.
• State ex rel. Lena Roddenberry v. Arnold
  140 Fla. 85· Fla.· 1939-09-22
  The Florida Supreme Court issued a peremptory writ of mandamus requiring the Wakulla County Board of Public Instruction to reinstate four teachers (Roddenberry, Roddenberry, Hopkins, and Thompson) to their positions at Sopchoppy High School, to which they had been elected by the
• Cone v. State
  136 Fla. 828· Fla.· 1939-03-24
  The Florida Supreme Court affirmed a mandamus judgment requiring state officials to pay past-due bonds of the Atlantic-Gulf Special Road and Bridge District. The case addresses whether funds accumulated for a general bond sinking fund could be diverted to pay specific bonds held
• State v. Cone
  133 Fla. 17· Fla.· 1938-07-01
  Union County sought a writ of mandamus to compel state officials to disburse surplus gasoline tax funds held by the State Board of Administration for road construction and maintenance. The Florida Supreme Court affirmed the lower court's dismissal, holding that the allegations fa
• Sloan v. State
  129 Fla. 352· Fla.· 1937-09-27
  The Florida Supreme Court affirmed a mandamus judgment ordering the Polk County Circuit Court Clerk to issue a writ of fieri facias against property held by the City of Lakeland. The Court held that property acquired by a municipality through foreclosure of tax and special assess
• State v. Rose
  127 Fla. 494· Fla.· 1937-03-22
  The Florida Supreme Court dismissed a case after its prior order quashing the alternative writ of mandamus and the absence of a new writ. The court also substituted new members of the State Racing Commission for those who had left office.
• State v. Bd. of Pub. Instruction of Pinellas Cnty.
  126 Fla. 486· Fla.· 1936-12-11
  This case involves a mandamus action to compel a school board to pay interest coupons. The Florida Supreme Court found the alternative writ of mandamus to be in conformity with prior approved writs and overruled the respondents' demurrer and motion to quash.