Mandamus Relief

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

• Maynard v. Al Havenstrite
  727 F.2d 439· 5th Cir.· 1984-03-19 ·cited 10×
  The court held that while probation officers may not be immune from equitable relief, the plaintiff's claims were properly dismissed because he failed to exhaust administrative remedies.
• Ion Sancho v. Manny Joanos
  715 So. 2d 382· Fla. 1st DCA· 1998-08-25 ·cited 9×
  A candidate for county commissioner sought a writ of mandamus to compel the Supervisor of Elections to notify him that he had not filed all required qualifying papers before the statutory deadline, thereby allowing him to file late. The Florida appellate court reversed the trial
• Coggeshall Dev. Corp. v. Diamond
  884 F.2d 1· 1st Cir.· 1989-09-05 ·cited 9×
  The court held that the district court lacked subject matter jurisdiction because the suit was effectively against the United States, and sovereign immunity had not been waived for the requested mandamus relief on a contract claim.
• Torrence W. Allen v. Young
  824 So. 2d 970· Fla. 1st DCA· 2002-08-20 ·cited 8×
  Court denies mandamus petition for failure to exhaust trial court remedies and premature invocation of appellate jurisdiction, warning against future frivolous filings.
• Abbey v. Louis W. Sullivan, M.D.
  978 F.2d 37· 2d Cir.· 1992-09-28 ·cited 8×
  The court held that the 1986 Amendments to the Medicare Act now channel Part B disputes through the Social Security Act's administrative and judicial review process, precluding federal question jurisdiction and requiring exhaustion of administrative remedies.
• Mangan v. Caspar Weinberger
  848 F.2d 909· 8th Cir.· 1988-06-08 ·cited 8×
  The court held that the district court did not abuse its discretion in dismissing the amended complaints with prejudice for failure to comply with Fed.R.Civ.P. 8.
• Hustler Magazine, Inc. v. United States Dist. Court For the Dist. OF Wyo.
  790 F.2d 69· 10th Cir.· 1986-05-07 ·cited 8×
  The court held that the district court abused its discretion by refusing to consider a motion to transfer venue without a hearing.
• United States v. Crawford Enters., Inc.
  754 F.2d 1272· 5th Cir.· 1985-03-14 ·cited 8×
  The court held that interlocutory review of a denial of a Speedy Trial Act claim is unavailable, and mandamus relief is not appropriate.
• Castaldo v. United States Parole Comm'n & George Rodgers
  725 F.2d 94· 10th Cir.· 1984-01-16 ·cited 8×
  The court held that the Parole Commission adequately established good cause to exceed parole guidelines based on the magnitude of the offense and prior cocaine convictions, and that no impermissible double-counting occurred.
• Johnson Oyster Co. v. Baldridge
  704 F.2d 1060· 9th Cir.· 1983-04-22 ·cited 8×
  The court held that the Secretary's determination of no commercial fishery failure was within his discretion and not subject to judicial review under the APA, and thus mandamus relief was unavailable.
• Robinson v. Reed
  566 F.2d 911· 5th Cir.· 1978-01-26 ·cited 8×
  The court held that the complaint sufficiently alleged a constitutional injury to survive dismissal, even if mandamus relief might ultimately be unavailable.
• Fisher v. The Sec'y OF the United States Dep't OF Health
  522 F.2d 493· 7th Cir.· 1975-09-03 ·cited 8×
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence, and that the constitutional claims lacked merit and jurisdiction was lacking for class action claims.
• Udall v. The OIL Shale Corp.
  406 F.2d 759· 10th Cir.· 1969-02-04 ·cited 8×
  The court held that the Secretary of the Interior lacked the authority to cancel oil shale mining claims solely for failure to perform assessment work, and prior cancellations based on this ground were void.
• City OF Panama City v. Andina, Inc.
  63 So. 3d 908· Fla. 1st DCA· 2011-06-20 ·cited 7×
  The court held that an order granting partial summary judgment on counts seeking injunctive relief is not an appealable nonfinal order under Rule 9.130(a)(3)(B) unless it actually grants or has the effect of granting an injunction.
• Hawkins v. Crosby
  910 So. 2d 424· Fla. 4th DCA· 2005-09-21 ·cited 7×
  A state prisoner appealed the dismissal with prejudice of his civil action challenging prison medical care. The appellate court held that while mandamus relief was properly denied because prisons have no duty to provide specific treatments, the trial court erred in dismissing wit
• Gaines v. Fla. Parole Comm'n
  743 So. 2d 118· Fla. 4th DCA· 1999-09-22 ·cited 7×
  Jerry Gaines sought certiorari review of a dismissal of his mandamus petition challenging the Florida Parole Commission's failure to notify his original sentencing judge (now serving as senior judge) before extending his presumptive parole release date. The court affirmed that se
• Decarion v. Monroe Cnty.
  853 F. Supp. 1415· S.D. Fla.· 1994-05-19 ·cited 7×
  The court held that while the county's denial of the infrastructure permit deprived plaintiffs of a protected property interest, the denial was not arbitrary and capricious, thus not rising to the level of a constitutional tort.
• Zulema De La Garza Perales v. Casillas
  903 F.2d 1043· 5th Cir.· 1990-06-25 ·cited 7×
• McKEEHAN v. State
  903 So. 2d 1042· Fla. 5th DCA· 2005-06-17 ·cited 6×
  Ronald McKeehan sought mandamus relief to compel the circuit court to rule on his Rule 3.850 postconviction motion for ineffective assistance of counsel. The appellate court denied the petition after the trial court ruled on the underlying motion, and referred the case to the Sta
• Franklin v. Kearney
  814 So. 2d 462· Fla. 4th DCA· 2001-12-03 ·cited 6×
  The circuit court that committed Petitioner has jurisdiction to hear his habeas corpus petition challenging the commitment, even if he is detained elsewhere.
• Singletary v. VAN Meter
  708 So. 2d 266· Fla.· 1998-02-26 ·cited 6×
  The court held that while the result of the lower court was correct in finding the statute inapplicable, the reasoning regarding separation of powers was incorrect. The statute is inapplicable because it was not effective at the time of the events.
• Navajo Ref. Co. v. United States Dep't OF Energy & Donald P. Hodel
  750 F.2d 966· Temp. Emer. Ct. App.· 1984-11-28 ·cited 6×
  The court held that the appeal must be dismissed for want of jurisdiction because the district court's order was not a final decision and did not fall under exceptions for appealability.
• Grace v. State
  920 So. 2d 719· Fla. 4th DCA· 2006-02-08 ·cited 5×
• In re Lieb
  915 F.2d 180· 5th Cir.· 1990-10-25 ·cited 5×
  The court held that the district court's amended order, which included a temporary restraining order, denial of withdrawal of reference, severance of claims, and lifting of a stay, was not an appealable injunction or final decision, thus dismissing the appeal for want of jurisdic
• Panko v. Rodak
  606 F.2d 168· 7th Cir.· 1979-08-01 ·cited 5×
  The court held that the plaintiff failed to establish a clear right to have his non-compliant Supreme Court filings accepted or a duty on the part of the clerks to accept them, and that the clerks were immune from damage claims.
• Robert E. Banks v. Jones
  232 So. 3d 963· Fla.· 2017-12-21 ·cited 4×
  The Florida Supreme Court resolved a certified conflict between district courts on whether inmates may use habeas corpus petitions to challenge close management housing assignments. The Court held that habeas corpus remains the proper vehicle for such challenges when the assignme
• Jones v. Miami Herald Media Co.
  198 So. 3d 1143· Fla. 1st DCA· 2016-08-29 ·cited 4×
  The Florida Department of Corrections appealed an order requiring it to identify, on a redaction-by-redaction basis, the statutory exemption for each redaction in public records. The appellate court reversed, holding that the Public Records Act requires only record-by-record iden
• Harris v. Anne Bates Leach EYE Inst.
  174 So. 3d 570· Fla. 3d DCA· 2015-09-02 ·cited 4×
  James Harris sought leave to file a belated appeal of a trial court's dismissal of his medical malpractice claim against an eye hospital, arguing the dismissal was based on an improper application of Florida's statute of repose and that he never received notice of the dismissal o
• Monroe Cnty. v. Cisneros
  49 So. 3d 801· Fla. 3d DCA· 2010-11-10 ·cited 4×
• Willis v. State
  18 So. 3d 1215· Fla. 5th DCA· 2009-10-02 ·cited 4×
• Marshall v. State
  759 So. 2d 717· Fla. 2d DCA· 2000-04-26 ·cited 4×
  Yolanda Marshall appealed the trial court's denial of her motion to compel the clerk of court to provide certified copies of documents needed for an executive clemency application without cost. The court reversed, holding that Florida law entitles clemency applicants to free cert
• Verwayne Alexander v. State
  697 So. 2d 1017· Fla. 4th DCA· 1997-08-13 ·cited 4×
  The court held that a claim regarding retroactive application of administrative rules is not cognizable in a rule 3.850 postconviction relief proceeding.
• 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.
• Willis v. Louis W. Sullivan, M.D.
  931 F.2d 390· 6th Cir.· 1991-04-30 ·cited 4×
  The dissenting judge holds that the district court had jurisdiction to issue the writ of mandamus as part of its retained jurisdiction to effectuate its prior order.
• Garron v. Bergstrom
  453 So. 2d 405· Fla.· 1984-07-12 ·cited 4×
  An indigent defendant charged with first-degree murder sought mandamus relief to compel appointment of a psychiatric expert after his original court-appointed expert died. The Florida Supreme Court granted relief, holding that under Rule 3.216(a), a trial court has no discretion
• N. Supply Co. v. Greater Dev. & Servs. Corp.
  728 F.2d 363· 6th Cir.· 1984-02-29 ·cited 4×
  Interlocutory orders granting or denying stays of arbitration are appealable by right under 28 U.S.C. § 1292(a)(1).
• Distillator v. Civiletti
  612 F.2d 194· 5th Cir.· 1980-02-21 ·cited 4×
  The court held that the parole violator warrant was not executed on the date of arrest, and therefore the subsequent sentence should not have been stacked consecutively. The court granted habeas corpus relief.
• The State of Fla. ex rel. The Peruvian Phosphate Co. v. The Bd. of Phosphate Comm'rs
  31 Fla. 558· Fla.· 1893-01-01 ·cited 4×
  The Florida Supreme Court held that the Peruvian Phosphate Company, a non-riparian owner, could not claim the statutory preference accorded to riparian owners for phosphate mining rights in navigable waters. The court determined that while riparian owners received priority to ent
• DOE v. State
  210 So. 3d 154· Fla. 2d DCA· 2016-09-28 ·cited 3×
  Fifteen petitioners sought extraordinary writs to require judicial officers in Lee County to preside over Baker Act hearings in person at receiving facilities rather than via videoconference from the courthouse. The court denied the petitions, finding no express legal duty requir
• James v. Crews
  120 So. 3d 628· Fla. 1st DCA· 2013-09-03 ·cited 3×
• Osborne v. Tucker
  80 So. 3d 413· Fla. 1st DCA· 2012-02-14 ·cited 3×
  James Osborne sought certiorari review of an order dismissing his habeas corpus petition challenging the Department of Corrections' calculation of his release date. The appellate court reversed the dismissal, finding the trial court erred by dismissing the petition on non-merits
• Maddrie v. McDONOUGH
  945 So. 2d 573· Fla. 1st DCA· 2006-12-08 ·cited 3×
  Stephen Maddrie sought mandamus relief to compel the circuit court to render a final, appealable order in his underlying case against the Department of Corrections. The court held that while the circuit court had not yet rendered a final order, mandamus relief was premature becau
• Architectural Sheet Metal, Inc. v. RLI Ins. Co. & HM2 Corp.
  936 So. 2d 1181· Fla. 5th DCA· 2006-08-25 ·cited 3×
  Architectural Sheet Metal sought mandamus and certiorari relief to compel immediate disbursement of funds from an arbitration award held in the court registry and to quash the trial court's order scheduling an evidentiary hearing on attorney's fees. The court denied both petition
• Int'l Longshoremen's & Warehousemen's Union v. Meese
  891 F.2d 1374· 9th Cir.· 1989-08-29 ·cited 3×
  The court held that the crane operators are not 'alien crewmen' under the INA because their primary duties involve cargo handling, not vessel navigation or service, and they lack a permanent connection to the ship.
• Perozo v. State
  239 So. 3d 793· Fla. 3d DCA· 2018-03-28 ·cited 2×
  A trial court must accept a defendant's written waiver of appearance at pretrial conferences unless the trial court demonstrates good cause to require the defendant's presence.
• S.J. v. Thomas
  233 So. 3d 490· Fla. 1st DCA· 2017-12-19 ·cited 2×
  A high school student challenged a trial court order dismissing his mandamus complaint seeking to require the Escambia County School Board to issue a final administrative order regarding his disciplinary reassignment from his regular school. The First District Court of Appeal rev
• Blair Nurseries, Inc. v. Baker Cnty.
  199 So. 3d 534· Fla. 1st DCA· 2016-09-13 ·cited 2×
  The First District Court of Appeal of Florida held that a county board's discretion to vacate a subdivision plat is not unreviewable and must be supported by competent substantial evidence. The court quashed a lower court's decision that denied judicial review of the board's deni
• Wright v. City OF Miami Gardens
  199 So. 3d 381· Fla. 3d DCA· 2016-08-17 ·cited 2×
  James Barry Wright sought emergency injunctive and mandamus relief to be placed on the ballot for Miami Gardens mayor after his qualifying fee check was returned by the bank due to a banking error discovered after the qualifying period ended. The Third District affirmed the trial
• Lassiter v. Martin
  99 So. 3d 1000· Fla. 1st DCA· 2012-10-31 ·cited 2×
• KKP Holdings, LLC v. Russell
  1 So. 3d 1287· Fla. 1st DCA· 2009-02-20 ·cited 2×