FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 13.2020

Mandamus is used to enforce an established legal right by compelling a public officer or agency to perform a duty required by law.

Writ of mandamus may also be used against an officer or director of a private corporation and a trustee common, guardian, or personal representative of an estate, as long as the officials charged by law with performing the duties sought to be compelled.

That legal duty must be ministerial, and not discretionary, and the party seeking the writ must have a clear legal right to compel performance of the act.

There are more requirements. Please see our website at jscappeal.com for more details.

CITATIONS:
Fla. R. App. P. 9.100
Town of Manalapan v. Rechler, 674 So.2d 789 (Fla. 4th DCA 1996)
King v. State, 665 So.2d 377 (Fla. 4th DCA 1996)
Allston v. State, 685 So.2d 1312 (Fla. 2d DCA 1996)
Adams v. State, 560 So.2d 321 (Fla. 1st DCA 1990)
Puckett v. Gentry, 577 So.2d 965 ((Fla.5th DCA 1991)

For educational purposes only. Not intended to be used as legal advice.

PLEASE SEND ALL INQUIRIES TO jcarroll@jscappeal.com

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The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.

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