Mandamus Relief

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

• Munn v. Fla. Parole Comm'n
  807 So. 2d 733· Fla. 1st DCA· 2002-02-12 ·cited 197×
• Phillips v. The Joint Legis. Comm. ON Performance & Expenditure Review OF the State OF Miss.
  637 F.2d 1014· 5th Cir.· 1981-02-23 ·cited 108×
  The court held that the district court erred in denying class certification in two cases and in its merits finding for the A&I class action, but affirmed the denial of recusal.
• Commonwealth OF Pa. v. Nat'l Ass'n OF Flood Insurers
  520 F.2d 11· 3d Cir.· 1975-06-13 ·cited 74×
  The court held that the Commonwealth failed to state a claim against the Flood Insurers and failed to meet jurisdictional requirements for claims against federal defendants under the FTCA and Tucker Act.
• City OF Milwaukee v. Saxbe
  546 F.2d 693· 7th Cir.· 1976-11-12 ·cited 56×
  The court held that the City of Milwaukee lacked standing to sue the Attorney General for discriminatory enforcement of civil rights laws and that the district court erred in finding subject matter jurisdiction under 28 U.S.C. § 1361.
• Tareyan Cooks v. State
  905 So. 2d 250· Fla. 1st DCA· 2005-06-23 ·cited 55×
• Wyo. Outdoor Coordinating Council v. Butz
  484 F.2d 1244· 10th Cir.· 1973-09-21 ·cited 54×
  The court held that the Forest Service's decision not to prepare an Environmental Impact Statement (EIS) for timber sales in the Teton National Forest was erroneous as a matter of law, as the sales constituted a major federal action significantly affecting the human environment.
• In re DELTA Servs. Indus. v. Sandoz
  782 F.2d 1267· 5th Cir.· 1986-02-18 ·cited 51×
  The court held that orders approving the appointment of an interim trustee and the employment of counsel for the trustee in a bankruptcy case are interlocutory and not final decisions, thus the court of appeals lacks jurisdiction to hear the appeal.
• United States v. Mohammad Reza Mehrmanesh
  652 F.2d 766· 9th Cir.· 1980-09-25 ·cited 50×
  The denial of a motion to dismiss for violation of the Speedy Trial Act is not immediately appealable as an interlocutory order because it does not meet the criteria for collateral appeal and the harm is not irreparably lost before final judgment.
• Strickland v. Hon. Rogers C. B. Morton
  519 F.2d 467· 9th Cir.· 1975-06-18 ·cited 46×
  The court held that the district court lacked jurisdiction to review the Secretary of the Interior's land classification decision because the appellants failed to allege facts demonstrating an abuse of discretion that violated a legal mandate or restriction, instead merely disagr
• Spence v. Patience Latting
  512 F.2d 93· 10th Cir.· 1975-02-26 ·cited 44×
  The court held that the plaintiff's federal claims were barred by res judicata because he had the opportunity to litigate them in prior state court actions.
• Naartex Consulting Corp. v. Watt
  722 F.2d 779· D.C. Cir.· 1983-11-29 ·cited 43×
  The court held that the district court properly dismissed the action for lack of personal jurisdiction over indispensable private defendants and for substantive defects in the claims against the government.
• Pleus v. Crist
  14 So. 3d 941· Fla.· 2009-07-02 ·cited 34×
  The Florida Supreme Court held that the Governor must appoint a judicial nominee from a certified list within 60 days and lacks authority to reject the list and request a new one, even for diversity purposes. The court granted a mandamus petition filed by a retired appellate judg
• Santa FE Land Improvement Co. v. City OF Chula Vista
  596 F.2d 838· 9th Cir.· 1979-03-28 ·cited 34×
  The court held that while abstention under Pullman was appropriate, dismissal of the action was not, and the district court should retain jurisdiction pending state court resolution.
• Genorval Slay v. Singletary
  676 So. 2d 456· Fla. 1st DCA· 1996-05-28 ·cited 30×
  The Florida District Court of Appeal, First District, granted rehearing en banc to address whether a sentencing order's award of "credit for all time previously served" was sufficient to grant credit for earned gain-time under State v. Green. The court ultimately vacated the lowe
• Workman v. Mitchell
  502 F.2d 1201· 9th Cir.· 1974-08-21 ·cited 30×
  The court held that the district court had jurisdiction under 28 U.S.C. § 1361 to order compliance with due process requirements in prison disciplinary proceedings and that plaintiffs had standing to represent a class of prisoners. The court also held that the Morrissey-Gagnon st
• Guerra v. Meese
  786 F.2d 414· D.C. Cir.· 1986-03-07 ·cited 28×
  A district court cannot grant bail if it lacks jurisdiction to hear the underlying habeas corpus petition because the prisoner's custodian is outside its territorial jurisdiction.
• Lanier Ramer v. Saxbe
  522 F.2d 695· D.C. Cir.· 1975-11-06 ·cited 26×
  The court held that the Bureau of Prisons' policy statements are subject to disclosure under the Administrative Procedure Act, either through publication or public availability.
• Presinzano v. Hoffman-La Roche, Inc.
  726 F.2d 105· 3d Cir.· 1984-02-02 ·cited 24×
  The court held that administrative agencies have broad discretion in deciding whether to initiate enforcement proceedings, and this discretion is not limited by regulations that suggest conciliation efforts. The court also found jurisdiction to hear the appeal.
• Waddell v. Alldredge
  480 F.2d 1078· 3d Cir.· 1973-06-29 ·cited 24×
  Federal prisoners must exhaust administrative remedies before seeking judicial relief for complaints regarding prison conditions or policies.
• Cotonificio Bustese v. Morgenthau
  121 F.2d 884· D.C. Cir.· 1941-04-28 ·cited 24×
  The court held that the Secretary of the Treasury erroneously refused to consider a petition for remission of a customs exaction, as the exaction was a penalty, not a duty, and thus within the Secretary's discretionary power to review.
• McCARTIN v. Norton
  674 F.2d 1317· 9th Cir.· 1982-04-22 ·cited 20×
  The court holds that McCartin stated a claim only for nonmonetary relief under 28 U.S.C. § 1331(a) for arbitrary and capricious agency conduct, rejecting claims under the First Amendment, APA, and for damages.
• Enter. Mgmt. Consultants, Inc. v. United States ex rel. Donald Hodel
  883 F.2d 890· 10th Cir.· 1989-08-28 ·cited 19×
  The court held that the Tribe is an indispensable party and thus the suit against federal officials must be dismissed, and affirmed the dismissal of the suit against the Tribe based on sovereign immunity.
• Lexine Perdue v. ROY Stone Transfer Corp.
  690 F.2d 1091· 4th Cir.· 1982-10-05 ·cited 18×
  The dissenting judge would affirm the dismissal for lack of jurisdiction due to the absence of a right-to-sue letter, arguing the EEOC should have been joined as a party.
• Local Div. 1285 v. Jackson Transit Auth. & the City of Jackson
  650 F.2d 1379· 6th Cir.· 1981-06-03 ·cited 18×
  The Urban Mass Transportation Act, specifically § 13(c), does not create a private federal right of action for employees to sue municipal transit authorities for breach of contract.
• Cochran v. United States
  489 F.2d 691· 5th Cir.· 1974-02-19 ·cited 18×
  A prisoner is not entitled to credit against his sentence for time spent released on bond prior to conviction.
• Vishnevsky v. United States
  581 F.2d 1249· 7th Cir.· 1978-08-09 ·cited 17×
• State v. Wiecking
  65 Fla. 70· Fla.· 1913-01-28 ·cited 17×
  The Florida Supreme Court held that a person compiling real property abstracts has a statutory right to inspect and extract information from instruments filed for record but not yet spread upon the record books, based on the principle that such instruments become part of the publ
• Nat'l Fed'n OF Fed. Emps. v. Brown
  645 F.2d 1017· D.C. Cir.· 1981-02-18 ·cited 16×
  The court held that the prevailing rate statute allows executive discretion to alter wage survey rates based on public interest considerations, such as controlling inflation.
• Tagupa v. East-West Ctr., Inc.
  642 F.2d 1127· 9th Cir.· 1980-12-22 ·cited 16×
  The court held that the district court's order refusing to compel federal defendants to investigate discrimination claims was appealable under 28 U.S.C. § 1292(a)(1) and that mandamus relief was unavailable.
• Scarpa v. U. S. Bd. OF Parole
  468 F.2d 31· 5th Cir.· 1972-05-12 ·cited 15×
  The court held that a prisoner's allegations of procedural unfairness and abuse of discretion by the Parole Board, based on a dismissal for failure to state a claim, warrant further factual development rather than summary dismissal.
• Farmer v. Lane
  864 F.2d 473· 7th Cir.· 1988-12-14 ·cited 14×
  The court held that while Farmer was not collaterally estopped from asserting his procedural due process claim, he lacked a protectable property interest in his employment under Illinois law, and thus could not claim a Fourteenth Amendment violation.
• Sterling Forest Assocs., Ltd. v. Barnett-Range Corp.
  840 F.2d 249· 4th Cir.· 1988-02-26 ·cited 14×
  A district court's denial of a motion to transfer venue based on a forum selection clause is immediately appealable and should be reversed if the clause is valid and enforceable.
• Smith v. The United States
  654 F.2d 50· Ct. Cl.· 1981-06-17 ·cited 14×
  The Court of Claims denied summary judgment motions and directed the plaintiff to seek vacatur of the district court's transfer order, as the case was improperly transferred.
• United States v. Honorable James T. Foley
  283 F.2d 582· 2d Cir.· 1960-11-07 ·cited 14×
  The court held that the government's petition for mandamus to vacate orders for a hearing and document production must be denied.
• Parker v. Fla. Dept. of Corr.
  344 So. 3d 496· Fla. 1st DCA· 2024-09-11 ·cited 13×
  Curtis Parker appeals a circuit court order dismissing his mandamus petition challenging prison disciplinary actions. The appellate panel affirmed the dismissal, holding that direct appeal is the proper mechanism for review when a mandamus complaint challenges an administrative o
• Decktight Roofing Servs., Inc. v. Amwest Sur. Ins.
  841 So. 2d 667· Fla. 4th DCA· 2003-04-09 ·cited 12×
  Decktight, a roofing subcontractor, sought certiorari and mandamus relief from a trial court's order compelling arbitration of its statutory bond claim against a surety insurer. The appellate court dismissed the certiorari petition and denied mandamus relief, holding that Decktig
• Dugger v. Wiley Jerome Grant
  587 So. 2d 608· Fla. 1st DCA· 1991-10-10 ·cited 12×
  The court held that the Department of Corrections cannot solely rely on information from an arrest report within a presentence investigation (PSI) to deny an inmate provisional credits when the jury did not convict the inmate of the offense described in the report.
• Moose v. United States
  674 F.2d 1277· 9th Cir.· 1982-04-19 ·cited 12×
  The court held that the federal government held the minors' portion of the judgment fund in trust, establishing jurisdiction under the Tucker Act for claims of breach of trust.
• Dialysis Ctrs., Ltd. v. Richard S. Schweiker Sec'y of the U.S. Dep't of Health & Human Servs.
  657 F.2d 135· 7th Cir.· 1981-08-18 ·cited 12×
  The court held that the plaintiff failed to state a claim upon which relief could be granted, affirming the dismissal of the action.
• McNEIL v. COX
  997 So. 2d 343· Fla.· 2008-12-04 ·cited 11×
  The Florida Supreme Court held that Schmidt v. Crusoe's exemption from the prisoner indigency statute applies to all gain time actions where, if successful, the inmate's time in prison would be directly affected, not merely those involving forfeited gain time. The Court answered
• Louis v. Meissner
  532 F. Supp. 881· S.D. Fla.· 1982-02-24 ·cited 11×
  The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
• Captain Robert S. Colson, Jr. v. Major General Bradley and Melvin Laird
  477 F.2d 639· 8th Cir.· 1973-04-25 ·cited 11×
  The court held that the Army's failure to properly process Captain Colson's Article 138 complaint, particularly regarding his undiagnosed narcolepsy, warranted mandamus relief.
• Herbits v. The City OF Miami
  197 So. 3d 575· Fla. 3d DCA· 2016-05-04 ·cited 10×
  Herbits appealed a trial court order vacating two prior orders (granting mandamus relief and attorney's fees) that the trial court had entered while Herbits's appeal of an earlier final order was pending. The court affirmed the vacation, holding that the trial court lost jurisdic
• Gillespie v. State
  910 So. 2d 322· Fla. 5th DCA· 2005-09-09 ·cited 10×
  Jason Gillespie appeals a trial court's denial of his motion to correct an illegal sentence under Rule 3.800(a). The court affirms, holding that the trial court properly denied jail time credit on consecutive sentences and that Gillespie's challenge to the Department of Correctio
• Leiffer v. State
  867 So. 2d 538· Fla. 5th DCA· 2004-02-27 ·cited 10×
  Harold Leiffer appeals the circuit court's denial of his motion to correct jail time credit for 69 days he was erroneously released from custody between March 14 and May 22, 2001. The Fifth District Court of Appeal affirms, holding that the circuit court lacked jurisdiction over
• Osterback v. L.E. Turner
  837 So. 2d 604· Fla. 1st DCA· 2003-02-17 ·cited 10×
  Mark Osterback, a prison inmate, appealed an order denying declaratory and mandamus relief regarding an inmate mail delivery procedure at Hamilton County Correctional Facility. The trial court dismissed his complaint under section 57.085(6) without first adjudicating him indigent
• Bennie Demps v. State
  761 So. 2d 302· Fla.· 2000-06-05 ·cited 10×
  Bennie Demps, a death row inmate serving his fourth death warrant, appealed the denial of his fourth Rule 3.850 motion for postconviction relief based on a newly discovered 1976 memorandum he claimed proved his innocence in the murder of inmate Alfred Sturgis. The Florida Supreme
• Harris v. State
  713 So. 2d 1106· Fla. 4th DCA· 1998-07-22 ·cited 10×
  The court affirmed the trial court's second denial of Harris's motion to correct concurrent sentences and reverse the Department of Corrections's denial of incentive gain time, but without prejudice to his right to seek mandamus relief in the proper venue.
• Singletary v. Armstrong
  706 So. 2d 943· Fla. 2d DCA· 1998-03-04 ·cited 10×
• In re Weaver Adams v. Sidney Schafer & Assocs., Inc.
  809 F.2d 1187· 5th Cir.· 1987-02-17 ·cited 10×
  The court held that while a district court's order of remand is generally unreviewable, the district court's dismissal of an appeal from a bankruptcy court's order is reviewable. The bankruptcy court's order reinstating the case was superfluous.