Alternative Writ

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

• Norman v. Singletary
  698 So. 2d 614· Fla. 1st DCA· 1997-08-26 ·cited 2×
  Norman challenges the denial of his habeas corpus petition alleging the Department of Corrections improperly forfeited gain time credits. The appellate court reversed, finding the petition stated a prima facie claim for relief and that habeas corpus was the appropriate remedy.
• FOX v. Singletary
  635 So. 2d 69· Fla. 1st DCA· 1994-01-18 ·cited 2×
  The appellate court held that the trial court erred in summarily denying the inmate's petition for a writ of habeas corpus.
• Cipolloni v. Lewis
  375 So. 2d 629· Fla. 4th DCA· 1979-10-10 ·cited 2×
  A Florida appellate court reversed a peremptory writ of mandamus that ordered the Mayor of Lauderhill to reinstate his former secretary in a different position than the civil service board had directed, holding that a court cannot command a public official to perform an act beyon
• State v. GAY
  158 Fla. 595· Fla.· 1947-02-18 ·cited 2×
  Liggett Drug Company sought a refund of additional license taxes paid to the Florida Comptroller for 1941-1945, claiming entitlement to relief under a prior case decision. The Florida Supreme Court denied the petition for failure to adequately plead facts establishing that taxes
• State ex rel. F. L. Revell v. City of Wauchula
  138 Fla. 184· Fla.· 1939-05-19 ·cited 2×
  This case concerns a dispute over the payment of city bonds and interest coupons. The relator, F. L. Revell, initially obtained a peremptory writ of mandamus to receive funds from the City of Wauchula. However, another bondholder, C. T. Ratliff, intervened, revealing that some of
• State v. Sewell
  126 Fla. 498· Fla.· 1936-12-11 ·cited 2×
  The appellate court reversed a lower court's decision that granted promotional relief to detectives, holding that the city manager has discretion to not fill vacancies for economic reasons and employees do not have a vested right to promotion.
• City of Sarasota v. State
  126 Fla. 405· Fla.· 1936-07-16 ·cited 2×
  R. W. Evans obtained a peremptory writ of mandamus against the City of Sarasota to compel it to amend its budget and levy a special tax to pay bond obligations owed to Evans. The Florida Supreme Court affirmed the lower court's judgment, holding that procedural amendments to the
• State v. Sholtz
  118 Fla. 786· Fla.· 1933-03-16 ·cited 2×
  Florida's Supreme Court upheld a mandamus writ against the State Board of Administration seeking to compel sequestration of state ad valorem tax moneys to pay defaulted bond interest coupons. The court held that county commissioners may be properly joined as parties respondent in
• Accursio v. Harris
  174 So. 2d 613· Fla. 3d DCA· 1965-04-27 ·cited 1×
  City commissioners appealed a mandamus order requiring them to call a recall election. The court affirmed the writ, holding that the recall petition was executed in proper form under the City Charter and that the commissioners' return to the writ was insufficient as a matter of l
• P. G. B., Inc. v. City OF Miami
  128 So. 2d 415· Fla. 3d DCA· 1961-04-06 ·cited 1×
  The court held that the circuit court properly quashed the alternative writ and dismissed the petition for a night club license.
• State of Fla. ex rel. William A. VAN Aartsen v. Barton
  93 So. 2d 388· Fla.· 1957-01-04 ·cited 1×
  Van Aartsen, a holder of an ownership unit in The Surf Club (a non-profit corporation), sought mandamus to compel the club to allow him to inspect its books to obtain names and addresses of other ownership unit holders. The Florida Supreme Court reversed the denial of mandamus, h
• Blackshear v. State
  115 So. 3d 1093· Fla. 1st DCA· 2013-06-24
  Jerome Blackshear appeals the denial of his motion to compel the Madison County Clerk of Court to respond to his request for information about copying costs for his criminal case file. The court reverses, holding that the motion should have been treated as a petition for writ of
• Gilliam v. State
  996 So. 2d 956· Fla. 2d DCA· 2008-12-17
  Gilliam sought a writ of mandamus compelling the trial court clerk to provide an itemized cost for a sentencing transcript. The trial court denied his motion, but the appellate court reversed, finding that Gilliam stated a facially sufficient claim for mandamus relief and that th
• The City OF Winter Garden v. Norflor Constr. Corp.
  396 So. 2d 865· Fla. 5th DCA· 1981-04-15
  The City of Winter Garden appeals a mandamus order requiring it to produce public records relating to a construction project, including records possessed by the project engineer Boyle Engineering Corp. The court reversed, holding that the mandamus writ was improper because Boyle
• Edwina Whitnell v. State of Fla. ex rel. Roberta MacDONALD
  338 So. 2d 264· Fla. 2d DCA· 1976-10-15
  The court held that the trial court erred in denying the motion to set aside the default and permit a plea, as the defendant had until the return day to respond.
• VAN Wart v. Amidon
  237 So. 2d 149· Fla.· 1970-07-01
  Florida Supreme Court discharged the alternative writ of mandamus seeking to compel a speedy trial because the State of Florida initiated proper procedures to obtain custody of the petitioner from Tennessee to proceed with trial.
• Folks v. S. Bell Tel. & Tel. Co.
  30 Fla. Supp. 163· Duval Cty. Cir. Ct.· 1968-06-20
  The court denied a petition for an alternative writ against Southern Bell Telephone & Telegraph Co. regarding telephone directory listings, finding the original claim moot and rejecting an attempted amendment as outside the scope of the original pleadings.
• Trawick v. Bd. OF Pub. Instruction FOR Cnty. OF Orange
  110 So. 2d 86· Fla. 2d DCA· 1959-03-20
  The appellate court reversed a lower court's dismissal of a petition for a writ of mandamus, finding the petition legally sufficient to warrant further proceedings on the merits.
• State of Fla. ex rel. John B. Hawley, Jr. v. Coogan
  98 So. 2d 757· Fla. 3d DCA· 1957-10-31
  A stockholder sought mandamus relief to compel the corporate chairman to count his proxy votes on a proposed by-law amendment. The court held that a corporate chairman's refusal to count validly-executed general proxies on motions other than the original proposal violated the fun
• State ex rel. R. F. Neafie v. Butler
  154 Fla. 23· Fla.· 1944-01-21
  The Florida Supreme Court affirmed a trial court order requiring strict compliance with a mandamus writ directing defendants to levy taxes for payment of specific bond interest coupons. The Court held that the defendant was entitled to payment only for coupons actually listed in
• State v. Lee
  147 Fla. 464· Fla.· 1941-06-10
  The Florida Supreme Court held that a public officer who resigns but continues to perform the duties of office until a successor is appointed and qualified is entitled to receive compensation for the interim period. Ernest Coe, as executive chairman of the Everglades National Par
• City of Manatee v. State
  134 Fla. 226· Fla.· 1938-10-12
  The Florida Supreme Court reversed a mandamus judgment because the peremptory writ was amended to apply to the 1937 tax roll without a corresponding amendment to the alternative writ, violating the elementary rule that the peremptory writ must follow the alternative writ. The Cou
• Weeks v. State
  132 Fla. 825· Fla.· 1938-06-15
  This case reviews a lower court's judgment in a mandamus proceeding concerning tax collector commissions. The appellate court reversed the judgment because it did not conform to the requirements of mandamus proceedings and remanded the case for further action.
• State v. City of St. Petersburg
  115 Fla. 767· Fla.· 1934-07-10
  The Florida Supreme Court upheld a writ of mandamus requiring the City of St. Petersburg to make adequate provision for payment of the relator's bonds and accrued interest over two fiscal years. The court found the city's return to the alternative writ insufficient as a defense a
• State v. Stinson
  114 Fla. 481· Fla.· 1934-04-04
  This case involves a mandamus proceeding where the relator sought to compel the Board of County Commissioners to approve payment for various cost bills. The appellate court affirmed the lower court's decision to quash the writ, finding the submitted bills too vague to warrant cou
• State v. Fla. Coast Line Canal & Transp. Co.
  112 Fla. 88· Fla.· 1933-09-22
  The Florida Supreme Court deemed a mandamus case abandoned due to the relator's failure to substitute a new Attorney General after the previous one left office. The Court dismissed the case unless the current Attorney General petitioned to continue it within thirty days.
• Cnty. of Seminole v. State
  93 Fla. 929· Fla.· 1927-04-15
  The Florida Supreme Court reversed a peremptory writ of mandamus commanding Seminole County and its Tax Assessor to levy a tax for the Upper St. Johns River Navigation District, holding that the writ was improperly issued and served because it was not addressed to individual Coun
• Nickelson v. State
  62 Fla. 243· Fla.· 1911-06-01
  The Florida Supreme Court reversed a mandamus judgment requiring a justice of the peace to issue a warrant for baseball playing on Sunday, holding that a private citizen lacks standing to seek mandamus to enforce a public duty affecting the State's sovereign capacity and that suc