JAMES PATRICK BONIFAY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Miami-Dade Cnty. Bd. OF Cnty. Comm'rs v. AN Accountable Miami-Dade, 208 So. 3d 724 (Fla. 3d DCA 2016)
  …mandamus. Pursuant to Rule 1.630(d)(2), “[i]f the complaint shows a prima facie case for relief, the court shall issue ... an alternative writ in mandamus.” An alternative writ in mandamus is essentially an order to show cause. See Gilliam v. State, 996 So. 2d 956, 958 (Fla. 2d DCA 2008) (stating that if a petition for writ of mandamus states a prima facie case for relief, the trial court must issue an alternative writ, “which ‘is essentially an order to show cause why the requested relief should not be grant…
• Roland v. State, 120 So. 3d 103 (Fla. 2d DCA 2013)
  …— which demonstrated a prima facie case for relief— and in not issuing an alternative writ ordering regional counsel to show cause why the writ should not issue and the requested relief be granted. See Fla. R. Civ. P. 1.630(d)(3); Gilliam v. State, 996 So. 2d 956, 957 (Fla. 2d DCA 2008); Farmer v. State, 927 So. 2d 1075, 1076 (Fla. 2d DCA 2006). Accordingly, we reverse and remand for further proceedings consistent with this opinion. CASANUEVA and MORRIS, JJ., Concur. . This proceeding appears to have…
• Blackshear v. State, 115 So. 3d 1093 (Fla. 1st DCA 2013)
  …nasian v. State, 967 So. 2d 454, 455 (Fla. 4th DCA 2007). If such a petition is facially sufficient, the court is required to issue an alternative writ, which, in effect, is a show cause order. See Fla. R. Civ. P. 1.630(b), (d)(3); Gilliam v. State, 996 So. 2d 956, 957 (Fla. 2d DCA 2008). Other district courts have held that a motion, like the one Blackshear filed in this case, containing a facially sufficient claim for mandamus relief should be treated as a proper petition and acted upon accordingly. Those…