Mandamus Relief

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

• Donnell Quarterman v. McNEIL
  1 So. 3d 392· Fla. 1st DCA· 2009-02-09 ·cited 2×
  The First District Court of Appeal dismissed Donnell Quarterman's appeal for lack of jurisdiction because he sought review of an order denying relief from judgment that addressed a nonfinal order on rehearing and disqualification motions, which are not appealable under Florida Ru
• Frounfelter v. Leavitt
  563 F. Supp. 2d 1327· M.D. Fla.· 2008-06-03 ·cited 2×
  The district court granted the defendant's motion to dismiss for lack of subject matter jurisdiction, finding that the plaintiffs had not exhausted administrative remedies and that judicial review was properly vested in the Court of Appeals, not the district court.
• Hall v. Liebling
  890 So. 2d 475· Fla. 2d DCA· 2004-12-29 ·cited 2×
• Ingram v. Coca-Cola Enters., Inc.
  823 So. 2d 314· Fla. 5th DCA· 2002-08-16 ·cited 2×
  Mandamus relief is denied because the trial court did not err in granting the motion to recuse.
• Barnishin v. State
  795 So. 2d 1104· Fla. 1st DCA· 2001-10-04 ·cited 2×
  Appellant's motion for jail credit should be treated as a petition for mandamus rather than denied outright; the trial court must determine whether administrative remedies were exhausted before ruling on the merits.
• Howard v. State
  688 So. 2d 992· Fla. 1st DCA· 1997-02-28 ·cited 2×
• Or. Natural Res. Council v. Madigan
  980 F.2d 1330· 9th Cir.· 1992-12-09 ·cited 2×
  The court held that the government's position was not substantially justified, entitling the prevailing party to attorney's fees and expenses under the Equal Access to Justice Act.
• RED Lake Band OF Chippewa Indians v. Barlow
  834 F.2d 1393· 8th Cir.· 1987-12-09 ·cited 2×
• Griffin Windows & Doors, LLC v. Pomeroy
  351 So. 3d 1125· Fla. 3d DCA· 2022-10-06 ·cited 1×
  Griffin Windows obtained a final judgment of no liability against Pomeroy and served an offer of judgment under Florida Statute 768.79. The trial court granted Griffin Windows' entitlement to attorney's fees and costs but refused to conduct an evidentiary hearing on the amount un
• Mullen v. Bal Harbour Vill.
  241 So. 3d 949· Fla. 3d DCA· 2018-03-21 ·cited 1×
  A municipality may decline to forward petition signatures for a charter amendment to the Supervisor of Elections when the proposed amendment conflicts with state law, here section 163.3167(8)(a), which prohibits local referenda on development orders. The trial court did not abuse
• Ramsey v. Fuller
  99 So. 3d 628· Fla. 1st DCA· 2012-10-24 ·cited 1×
• Johnson v. Gulf Cnty.
  26 So. 3d 33· Fla. 1st DCA· 2009-12-22 ·cited 1×
  Johnson challenged Gulf County's failure to enforce its comprehensive plan and land development regulations against Rish's clearing and filling of wetlands on his property near Johnson's home. The appellate court reversed the trial court's judgment, holding that the County erred
• Miccosukee Tribe of Indians of Florida v. United States
  574 F. Supp. 2d 1360· S.D. Fla.· 2008-09-02 ·cited 1×
  The court held that the plaintiff tribe failed to adequately allege Article III standing because it did not demonstrate a concrete and particularized injury in fact related to the Tamiami Trail Modification Project.
• Ric L. Bradshaw v. Sandler
  955 So. 2d 1219· Fla. 4th DCA· 2007-05-09 ·cited 1×
  The Sheriff of Palm Beach County sought certiorari relief to overturn a trial court order requiring him to transport a pre-trial inmate to a private dentist for treatment. The court granted the petition and quashed the order, holding that decisions regarding jail inmate health ca
• Fla. Parole Comm'n v. Jackson
  618 So. 2d 766· Fla. 1st DCA· 1993-05-13 ·cited 1×
  The Florida Parole Commission appealed a trial court order granting mandamus relief to inmate Leroy Jackson, who challenged the Commission's use of a sentencing judge's objection to extend his presumptive parole release date. The appellate court reversed, finding no constitutiona
• In re Melvin M. Marin. Melvin M. Marin v. Suter
  956 F.2d 339· D.C. Cir.· 1992-03-03 ·cited 1×
  A lower court lacks subject matter jurisdiction to review decisions of the Supreme Court or its Clerk, and therefore cannot issue mandamus relief against the Clerk.
• Randy v. Cargill
  902 F.2d 1006· D.C. Cir.· 1990-05-18 ·cited 1×
  The court held that the mandamus claim was nonjusticiable due to the separation of powers and the Privacy Act claim was barred by failure to exhaust administrative remedies.
• FLN Props., LLC v. First Stop Food Mart, Inc.
  Fla. 2d DCA· 2026-07-22
  Under section 83.232(5), Florida Statutes, a tenant's failure to deposit rent into the court registry in strict compliance with a court order requiring payment on a specific date constitutes an absolute waiver of all defenses, entitling the landlord to an immediate default judgme
• Machado v. U.S. Dep't of Homeland Sec.
  S.D. Fla.· 2026-02-13
  The court held that the plaintiff's asylum application adjudication was not rendered a mathematical impossibility by the LIFO policy, and therefore, the Administrative Procedure Act claim was dismissed.
• Fla. Comm'n on Offender Review v. Clarke
  Fla. 1st DCA· 2026-02-11
  The Florida Commission on Offender Review appealed a trial court's grant of mandamus relief requiring it to reconsider its decision not to parole Melanie Clarke. The appellate court reversed, holding that the trial court erroneously found an abuse of discretion because Clarke fai
• Rachid Amrani v. Sec'y, Dep't of Homeland Sec.
  M.D. Fla.· 2025-12-17
  The court held that it lacked subject-matter jurisdiction because the agency's decision to grant employment authorization is committed to agency discretion by law and is not subject to judicial review under the APA or Mandamus Act.
• Almagro v. Sch. Bd. of Miami-Dade Cnty.
  Fla. 3d DCA· 2025-07-23
  Teachers lack standing to enforce section 1012.22 of the Florida Statutes against a school board because the statute contains no express language conferring a private right of action, and no private right of action may be judicially implied from the statute's legislative intent.
• Fla. Pace Funding Agency v. Will Roberts
  Fla. 5th DCA· 2024-09-27
  Mandamus is a discretionary writ awarded in the exercise of sound judicial discretion upon equitable principles, and satisfaction of the threshold elements (clear legal right, indisputable legal duty, and no adequate alternative remedy) establishes necessity but not entitlement t
• James v. Dixon
  N.D. Fla.· 2024-09-16
  The court held that the petitioner failed to show the state court's decision denying his due process and double jeopardy claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Duncan
  Del. Super. Ct.· 2024-07-31
  The Court held that the plaintiff's claims against the individual DNREC employee did not relate back to the original filing and were barred by the statute of limitations. Consequently, the vicarious liability claim against DNREC for tortious interference with contract was also re
• Chen v. Pecinovsky
  M.D. Fla.· 2024-04-02
  The court held that the plaintiff's failure to comply with court orders regarding service of process and failure to seek an extension warrants dismissal of the action.
• Mafundu v. Mayorkas
  S.D. Fla.· 2023-08-08
  The Court granted the motion to dismiss, holding it lacked subject matter jurisdiction because the Immigration and Nationality Act bars judicial review of decisions regarding waivers and mandamus relief was not appropriate.
• McCarthy v. Del Toro
  M.D. Fla.· 2023-05-26
  The court denied the plaintiff's motion for reconsideration to transfer the case, finding he failed to meet the standards for reconsideration and that a transfer was not in the interest of justice.
• McCarthy v. Del Toro
  M.D. Fla.· 2023-03-01
  The court held that it lacks subject matter jurisdiction because the plaintiff's claims, which seek monetary relief such as back pay, are primarily for money damages and are therefore within the exclusive jurisdiction of the Court of Federal Claims.
• Pulwer v. Pearl Bros., LLC
  Fla. 3d DCA· 2022-10-26
• Oswald v. Diggs
  M.D. Fla.· 2022-09-01
  The court held that Count I must be dismissed because the plaintiff failed to allege the lack of adequate state remedies and that his resignation was voluntary, not a constructive discharge. However, the court found the stigmatizing statements sufficiently attended the alleged di
• Tinnerman v. United States
  M.D. Fla.· 2021-09-27
  The court held that it lacked subject matter jurisdiction over claims challenging tax assessments and collections due to sovereign immunity and statutory bars, and that a claim regarding a 'seriously delinquent tax debt' certification failed to state a claim.
• Mobley v. Ronnie Fussell/Duval Cnty. Clerk of Court
  Fla. 1st DCA· 2021-02-10
  The appellate court reversed a trial court's denial of a mandamus petition, holding that a person seeking certified copies of court records for an executive clemency application only needs to attest they are applying for clemency, not provide a completed application first. This d
• Hunter v. Fla. Dep't of Corr.
  S.D. Fla.· 2020-12-31
  The court held that the pro se petitioner's habeas corpus petition and motion to proceed in forma pauperis were properly denied and dismissed due to the petition being an incomprehensible shotgun pleading that failed to state a claim and the court lacking jurisdiction over certai
• Sussman v. Dept. of Corrections
  Fla. 1st DCA· 2020-10-14
  A writ of mandamus against the Department of Corrections must be dismissed when the petition is filed more than 30 days after the original grievance resolution and administrative remedies have not been exhausted through appeal at the Bureau of Inmate Grievance.
• Celebration Law P.A. v. Adm'r of the United States Small Bus. Admin.
  M.D. Fla.· 2020-08-19
  The court held that Petitioners failed to establish a substantial likelihood of success on the merits for their Administrative Procedure Act claim, and thus denied their motion for a preliminary injunction.
• McDonough v. City of Homestead
  Fla. 3d DCA· 2020-03-25
• Leeper v. The Geo Grp., Inc.
  Fla. 1st DCA· 2020-01-29
• Adams v. Dep't of Corr. & State of Fla.
  264 So. 3d 368· Fla. 5th DCA· 2019-02-15
  A thirty-day assignment to the disciplinary squad does not impose the atypical and significant hardship necessary to trigger due process protections for an inmate's liberty interest.
• Dep't of Health v. Rehab. Ctr. at Hollywood Hills, LLC
  259 So. 3d 979· Fla. 1st DCA· 2018-11-30
  A party cannot be held in contempt for violating a court order that is not clear and definite as to how the party should comply. The trial court erred in holding the Department in contempt because the final judgment did not address whether the Department was to redact confidentia
• Executive Off. of the Governor v. AHF MCO of Fla., Inc.
  257 So. 3d 612· Fla. 1st DCA· 2018-10-29
  The Executive Office of the Governor appealed a trial court's grant of mandamus relief requiring production of public records related to Governor Scott's calendar and travel plans. The court reversed, holding that the trial court erred by failing to conduct an in-camera inspectio
• Burnett v. Target Corp.
  241 So. 3d 250· Fla. 3d DCA· 2018-03-28
  A trial court's failure to vacate or clarify conflicting orders denies a litigant procedural due process when the litigant cannot reasonably determine which order is effective and therefore cannot comply with a deadline contained in one conflicting order. Dismissal of an appeal i
• Knight News, Inc. v. Univ. OF Cent. Fla.
  200 So. 3d 125· Fla. 5th DCA· 2016-04-08
  Knight News, Inc. appealed from a trial court's dismissal of most of its public records complaint against the University of Central Florida. The appellate court held that while student disciplinary records involving hazing are protected from disclosure under FERPA, the names of s
• Clapp v. State
  160 So. 3d 107· Fla. 4th DCA· 2015-03-18
• Vance v. State
  152 So. 3d 110· Fla. 1st DCA· 2014-11-26
  Rodney Vance petitioned for mandamus relief to compel the circuit court to dispose of his pending petition requiring his retained counsel and two Public Defenders' offices to provide discovery materials under the Public Records Act. The court denied the mandamus petition, finding
• Moskovits v. Crystal House, Inc.
  141 So. 3d 259· Fla. 3d DCA· 2014-07-02
  Petitioner Moskovits sought mandamus and certiorari relief from a trial court's denial of his motion for summary judgment in a settlement agreement dispute. The Florida appellate court dismissed the petition, holding that Moskovits had no clear legal right to mandamus relief and
• Newton v. State
  128 So. 3d 942· Fla. 1st DCA· 2013-12-26
  Tracy Devon Newton petitioned for a writ of mandamus to compel the Duval County Circuit Court to rule on his amended motion for DNA evidence examination. The court granted the petition, finding that while the circuit court had complied with its procedural obligations, the State A
• Bennett K. Tressler, Jr. v. State
  120 So. 3d 634· Fla. 1st DCA· 2013-09-04
  Court denies mandamus petition challenging circuit court's dismissal of illegal sentence motion based on 60-day rule, but permits refiling because the merits were not addressed.
• Frazier v. Dep't OF Corr.
  118 So. 3d 324· Fla. 1st DCA· 2013-08-05
• Smith v. State
  104 So. 3d 1280· Fla. 4th DCA· 2013-01-09
  The Fourth District affirmed the circuit court's dismissal of Smith's Rule 3.800(a) motion challenging the Department of Corrections' application of his sentences, holding that such challenges must first be pursued through administrative remedies before seeking judicial relief.