Alternative Writ

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

• State of Fla. ex rel. Dos Anigos, Inc. v. Lehman
  100 Fla. 1313· Fla.· 1930-11-22 ·cited 190×
  The Florida Supreme Court upheld a mandamus writ requiring the City of Sanford to levy sufficient taxes to pay past due and current interest on outstanding municipal bonds, rejecting the city's defense that economic hardship and poverty justified non-compliance with statutory dut
• State v. Carey
  121 Fla. 515· Fla.· 1935-11-09 ·cited 88×
  A homestead owner sought a writ of mandamus to compel the Board of County Commissioners of Duval County to recalculate the tax rate for bond debt service, removing homesteads from taxation and shifting the burden to non-exempt property. The Florida Supreme Court denied the writ,
• Merchs. Broom Co. v. Butler
  70 Fla. 397· Fla.· 1915-11-19 ·cited 68×
  The Florida Supreme Court reversed a writ of mandamus ordering a corporation to allow a stockholder committee to inspect corporate books and transfer stock certificates, holding that the writ demanded relief exceeding statutory authority and that the transfer of stock constitutes
• Holcomb v. Dep't OF Corr.
  609 So. 2d 751· Fla. 1st DCA· 1992-12-07 ·cited 66×
  An inmate sought mandamus relief to compel the Department of Corrections to expunge disciplinary reports and restore lost gain time, alleging he was denied the right to call witnesses at disciplinary hearings. The court affirmed the denial of mandamus relief, holding that the pet
• State v. The City of St. Petersburg
  106 Fla. 742· Fla.· 1933-01-02 ·cited 48×
  Bondholders of St. Petersburg sought mandamus to compel the city to levy uniform taxes citywide to service pre-existing bond debt. The Florida Supreme Court held that annexation ordinances limiting tax liability for annexed zones on pre-existing debts remained binding despite sub
• State v. State Bd. of Admin.
  115 Fla. 753· Fla.· 1934-07-10 ·cited 47×
  Florida National Bank sought mandamus to compel the State Board of Administration to pay past-due interest coupons on bonds issued by Special Road & Bridge District No. 13 of Pinellas County from available sinking fund moneys. The Florida Supreme Court held that the Board had a c
• Doyle Conner v. Mid-Florida Growers, Inc.
  541 So. 2d 1252· Fla. 2d DCA· 1989-03-31 ·cited 43×
  The Florida District Court of Appeal reversed a circuit court's peremptory writ of mandamus compelling the Department of Agriculture to immediately pay a judgment in an inverse condemnation case, holding that the trial court failed to follow the procedural requirements of Rule 1.
• Dickinson v. Honorable Richard B. Stone
  251 So. 2d 268· Fla.· 1971-08-03 ·cited 43×
  The Florida Supreme Court held that a provision in the 1971 General Appropriations Act improperly transferred supervisory control of the Carlton Data Center from the Comptroller to the Department of General Services in violation of constitutional restrictions on appropriations bi
• McNally v. State ex rel. Bond Realization Corp.
  112 Fla. 434· Fla.· 1933-10-21 ·cited 42×
  This case clarifies that a court reviewing a judgment on writ of error does not retry the case but reviews for alleged errors. The court reversed a mandamus judgment that improperly ordered the levy of a special tax when funds were already available, while affirming the portion t
• The State of Fla. ex rel. The Dowling Co. v. Parks
  99 Fla. 1264· Fla.· 1930-06-06 ·cited 42×
  This case involves a mandamus action where a lower court judge refused to enter a decree in accordance with a Supreme Court mandate, claiming inability to determine the specific errors. The Supreme Court held that the judge's duty was ministerial and that the mandate clearly indi
• State v. R. A
  157 Fla. 229· Fla.· 1946-04-02 ·cited 36×
  Robert R. Taylor sought mandamus relief to prevent the Florida Secretary of State from certifying Henry M. Jones as a Democratic Party candidate for County Solicitor of Dade County, arguing Jones failed to pay his required filing fee by the statutory deadline. The Florida Supreme
• City of Miami Beach v. State ex rel Patrician Hotel Co. & William C. Wisdom
  145 Fla. 716· Fla.· 1941-01-28 ·cited 35×
  The Florida Supreme Court reversed a mandamus judgment requiring Miami Beach to issue a retail liquor vendor's license to William C. Wisdom for property previously operated by Patrician Hotel Company. The court held that the city's zoning ordinance restricting multiple liquor lic
• The State of Fla. ex rel. George P. Fowler v. Finley
  30 Fla. 302· Fla.· 1892-06-01 ·cited 34×
  The Florida Supreme Court upheld a demurrer to an alternative writ of mandamus filed by a disbarred attorney seeking to overturn his disbarment. The court held that the relator failed to allege sufficient facts to make a prima facie case against the Circuit Court's disbarment ord
• Burton Barrs v. State
  95 Fla. 75· Fla.· 1928-01-29 ·cited 33×
  A Civil Court of Record judge dismissed a breach of contract action for lack of jurisdiction, claiming it involved title to real estate. The Florida Supreme Court held that the action, though touching on real property, did not involve adjudication of title since the judgment woul
• State v. The Tavarse & Gulf R.R. Co.
  78 Fla. 329· Fla.· 1919-08-12 ·cited 33×
  The Florida Supreme Court addressed whether a railroad company can defend itself against a mandamus writ compelling track repairs by asserting financial inability to comply. The court held that while financial inability may be pleaded as an affirmative defense to an alternative w
• State v. Cornelius
  100 Fla. 292· Fla.· 1930-07-26 ·cited 32×
  The Florida Supreme Court held that a trial judge must sign a bill of exceptions when it contains substantially correct testimony, even absent a court reporter or bystander witnesses, and that mandamus is an appropriate remedy to compel this ministerial duty. The court reversed t
• State v. Fla. Coast Line Canal & Transp. Co.
  73 Fla. 1006· Fla.· 1917-05-10 ·cited 32×
  This mandamus case addresses whether Florida can compel a canal company to maintain its waterway to statutory dimensions. The Florida Supreme Court holds that while canal companies have public duties to maintain their waterways with reasonable care, mandamus cannot be used to enf
• State v. Frederick
  137 Fla. 773· Fla.· 1939-05-19 ·cited 28×
  The Florida Supreme Court denied a petition for mandamus seeking to compel a circuit court judge to issue a rule absolute in prohibition after the underlying county court proceedings had already been concluded. The court held that prohibition is a preventive remedy that does not
• City of Bradenton v. State
  117 Fla. 578· Fla.· 1934-12-11 ·cited 24×
  The court reviewed a mandamus action where a city was ordered to pay a bondholder. While the lower court erred in the form of the peremptory writ, the appellate court affirmed the judgment to avoid further proceedings, as the outcome would be the same.
• Treat v. State
  118 Fla. 899· Fla.· 1935-03-26 ·cited 21×
  This case involves a mandamus proceeding to compel the City of Winter Park to levy a special tax to pay its outstanding bonds. The court affirmed the lower court's decision, holding that the city had a legal duty to levy the tax and that its failure to do so constituted a breach
• Baskin v. Klemm
  118 Fla. 657· Fla.· 1935-03-06 ·cited 21×
  In this second appeal, the Florida Supreme Court affirmed a mandamus judgment requiring a municipality to levy taxes for defaulted bond interest, while allowing the lower court to consider spreading the levy over multiple years in light of the municipality's depressed financial c
• Times Publ'g Co., Inc. v. City OF ST. Petersburg
  558 So. 2d 487· Fla. 2d DCA· 1990-03-16 ·cited 20×
  Times Publishing Company and others sued the City of St. Petersburg and the Chicago White Sox to compel disclosure of negotiation records under Florida's Public Records Act. The court held that while certain handwritten notes were not public records, the draft lease documents bec
• City of Winter Haven v. State
  114 Fla. 527· Fla.· 1934-04-16 ·cited 20×
  The Florida Supreme Court reversed a lower court's decision, holding that a single writ of mandamus cannot simultaneously command the payment of existing funds and the levy of a special tax for the same debt. The court found this joinder improper, as different legal principles go
• State Ex Rel. Woodward v. Lee
  155 So. 138· Fla.· 1933-12-22 ·cited 20×
  The court considered whether a respondent could file an answer after a motion for a peremptory writ had been filed, without court permission. The court held that procedural rules must be followed, and an answer cannot be filed without leave of the court after such a motion. Howev
• Pennock v. State ex rel. H. C. Hood
  61 Fla. 383· Fla.· 1911-01-01 ·cited 20×
  The Florida Supreme Court reversed a mandamus order compelling school board members to issue a warrant for attorney fees. The court held that mandamus was improper because the relators (school district trustees) lacked direct personal interest in the claim, the underlying debt wa
• Pritchard v. State
  111 Fla. 122· Fla.· 1933-06-15 ·cited 18×
  The Florida Supreme Court reversed a lower court's decision in a mandamus case concerning a city primary election recount. The court found that the lower court improperly expanded the scope of the recount beyond what was requested in the alternative writ, exceeding its authority.
• State v. Millard B. Smith
  126 Fla. 72· Fla.· 1936-10-30 ·cited 16×
  The Florida Supreme Court addressed whether a drainage district's suit to foreclose on unpaid drainage tax liens must proceed as a strictly in rem action against the land or as a quasi in rem action requiring personal service or constructive service on individual property owners.
• The State of Fla. ex rel. W. v. Knott
  72 Fla. 244· Fla.· 1916-08-16 ·cited 16×
  In this mandamus proceeding, the Florida Supreme Court held that election inspectors and a clerk's answer to an alternative writ of mandamus was insufficient because it failed to materially address the core allegation that the election returns were inaccurate. The court issued a
• State v. Atl. Coast Line R.R. Co.
  103 Fla. 1204· Fla.· 1932-01-08 ·cited 14×
  The Florida Supreme Court recalled a peremptory mandamus writ requiring the Atlantic Coast Line Railroad to restore an illegally abandoned railroad line between Yuste and Monticello, finding that subsequent changes in conditions and a federal Interstate Commerce Commission order
• Meliano Diaz v. Henderson
  905 F.2d 652· 2d Cir.· 1990-06-07 ·cited 12×
  While a state prisoner's habeas petition based on a delayed appeal is not automatically mooted by the appeal's eventual hearing, relief is only available if the delay prejudiced the prisoner's due process rights.
• State of Fla. ex rel. Raymond E. Mott v. Scofield
  120 So. 2d 825· Fla. 2d DCA· 1960-05-25 ·cited 12×
  In this mandamus case, the Florida District Court of Appeal dismissed an appeal from an order granting a motion to quash an alternative writ of mandamus because the order was interlocutory rather than final, lacking the jurisdictional requirement for appellate review.
• Howell v. State
  54 Fla. 199· Fla.· 1907-06-01 ·cited 12×
  In this mandamus case, the Florida Supreme Court reversed a judgment awarding a peremptory writ to restore C. N. Edwards to the office of town marshall and inspector. The court held that the writ was fatally defective because it failed to specify the exact amount of profits and e
• The Bd. of Pub. Instruction of Lafayette Cnty. v. State
  156 Fla. 708· Fla.· 1945-12-21 ·cited 9×
  The Florida Supreme Court reversed a writ of mandamus ordering a county school board to reopen rural schools and rehire teachers. The court held that mandamus was not appropriate where the board had made diligent but unsuccessful efforts to secure qualified teachers, and also fou
• The State of Fla. ex rel. J. W. Gillespie v. Vickers
  110 Fla. 157· Fla.· 1933-05-10 ·cited 9×
  The Florida Supreme Court addressed a mandamus action seeking to compel Charlotte County officials to levy taxes for payment of bonds issued under Chapter 10409, Acts of 1925. The Court held that mandamus cannot compel levy of taxes to pay matured bond principal in a single year
• State v. King
  93 So. 2d 368· Fla.· 1957-03-06 ·cited 8×
  The Florida Supreme Court upheld the Railroad and Public Utilities Commission's authority to grant temporary operating authority to a carrier pending formal certification proceedings, but invalidated the notice provisions of the rule governing such temporary grants as insufficien
• Williams v. State
  163 So. 3d 618· Fla. 4th DCA· 2015-04-22 ·cited 6×
  The trial court erred in denying a petition for writ of mandamus without issuing an alternative writ and conducting an evidentiary hearing when the petition established a legally sufficient basis for relief.
• Rebholz v. Picot B. Floyd
  327 So. 2d 806· Fla. 2d DCA· 1976-02-13 ·cited 6×
  The court held that the trial court erred in dismissing the petition for a writ of mandamus, as the existence of another remedy against a third party does not preclude the issuance of an alternative writ when officials have a clear duty to enforce zoning ordinances.
• State ex rel. Robert F. Neafie v. Bd. of Comm'rs of Everglades Drainage Dist.
  140 Fla. 181· Fla.· 1939-10-06 ·cited 6×
  The Florida Supreme Court addressed a mandamus petition challenging the Board of Commissioners of the Everglades Drainage District's refusal to pay statutory fees to tax assessors and collectors for assessing and collecting drainage district taxes. The Court held that such fees a
• State v. Harvey
  125 Fla. 742· Fla.· 1936-10-13 ·cited 6×
  The Florida Supreme Court upheld Chapter 17257 (Acts of 1935), which authorized counties to prohibit slot machine licensing through voter referendum. The court rejected constitutional challenges that the statute unlawfully delegated legislative power to county electors and violat
• State ex rel. Elizabeth W. Gardiner v. Blanton
  112 Fla. 305· Fla.· 1933-10-12 ·cited 5×
  The Florida Supreme Court denied a petition for a peremptory writ of mandamus filed by the executrix of an estate against a County Judge. The Court held that the alternative writ had been satisfied when the judge made orders addressing the subjects he was required to act upon, an
• GAY v. State
  697 So. 2d 179· Fla. 1st DCA· 1997-07-07 ·cited 4×
  The court reversed the trial court's denial of a mandamus motion for criminal defense records because the trial court failed to follow the proper alternative writ procedure and denied the appellant notice and opportunity to be heard.
• State v. Juvenal
  121 Fla. 77· Fla.· 1935-05-21 ·cited 4×
  The Florida Supreme Court quashed an alternative writ of mandamus because some respondents had been succeeded in office, making it impossible for them to comply. The court granted the relator leave to amend the writ to include the proper parties.
• State v. Everglades Drainage Dist.
  107 Fla. 91· Fla.· 1932-10-20 ·cited 4×
  The Florida Supreme Court modified an alternative writ to allow tax assessors to deliver 1932 assessment rolls to tax collectors, citing public interest and the need for further deliberation on the case's complex issues.
• State v. Seaboard Air Line R.R. Co.
  92 Fla. 63· Fla.· 1926-06-01 ·cited 4×
  The Florida Supreme Court held that petroleum products stored in tanks and warehouses at Jacksonville and Tampa ports come to rest there, terminating interstate commerce and making subsequent shipments to interior Florida points subject to intrastate freight rates prescribed by t
• Rexford Tweed v. Sistrunk
  697 So. 2d 888· Fla. 5th DCA· 1997-06-27 ·cited 3×
• State of Fla. Ex rel. Russell F. Hand v. McDonald
  154 Fla. 456· Fla.· 1944-05-12 ·cited 3×
  A Florida school board member elected by voters was refused a commission and a competing appointee took office after the Governor suspended him for misconduct and the Senate concurred in his removal. The court upheld the Governor's authority to refuse to commission an elected off
• State ex rel. Allied Eng'g Corp. v. Bailey
  139 Fla. 85· Fla.· 1939-06-30 ·cited 3×
  The Florida Supreme Court denied motions to recall and amend a writ of mandamus, and to strike the respondents' return. The court held that the Board of County Commissioners had discretion to approve or disapprove claims, and mandamus could not control that discretion.
• State ex rel. Ernest Dart v. Baker
  138 Fla. 432· Fla.· 1939-06-02 ·cited 3×
  In this mandamus proceeding, the Florida Supreme Court considers whether amendments to an alternative writ properly allege that litigation has terminated and that the clerk wrongfully refuses to refund unearned court cost deposits to an attorney. The Court overrules the responden
• State ex rel. R. E. Carter v. City of St. Petersburg
  112 Fla. 395· Fla.· 1933-10-19 ·cited 3×
  The Florida Supreme Court reviewed a writ of mandamus concerning the City of St. Petersburg's debt obligations. The court allowed a peremptory writ for interest payments and a portion of principal, deferring a decision on the full principal payment pending the city's debt refundi
• Fid. & Cas. Co. of N.Y. v. Magwood
  111 Fla. 190· Fla.· 1933-06-24 ·cited 3×
  Fidelity & Casualty Company sought mandamus to compel a circuit court judge to comply with the Florida Supreme Court's mandate reversing an order and directing entry of a new order consistent with the Court's opinion. The Supreme Court denied the petition, finding that the lower