JEFFREY SACHS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Puckett v. Gentry, 577 So. 2d 965 (Fla. 5th DCA 1991)
  …e an established legal right by compelling a person in an official capacity to perform an indisputable ministerial duty required by law. See, e.g., Pfeifer v. Powell, 498 So. 2d 614 (Fla. 5th DCA 1986); City of Winter Garden v. Norflor Const. Corp., 396 So. 2d 865 (Fla. 5th DCA 1981); Goodrich & Cove, Mandamus in Florida, 4 U.FLA.L.REV. 535 (1951). The appropriate remedy for the return of personal property of a private party wrongfully retained by another private party is an action for replevin. Puckett has…
• Tywaun Jackson v. State, 802 So. 2d 1213 (Fla. 2d DCA 2002)
  …request that a writ of mandamus be issued. Because the Department has remedied its failure to provide Jackson with the required notice and waiver of rights form, that portion of his claim is moot. See City of Winter Garden v. Norflor Constr. Corp., 396 So. 2d 865, 866 (Fla. 5th DCA 1981). We therefore deny in part the petition for writ of mandamus. As to issuance of a writ of mandamus to compel respondents to provide an examination of Jackson’s mental condition, respondents argue that it is not the Departme…
• Hamilton v. The Honorable S. Joseph Davis, Jr., 427 So. 2d 1137 (Fla. 5th DCA 1983)
  …. See, e.g., Sandegren v. State ex rel. Sarasota County Pub. Hosp. Bd., 397 So. 2d 657 (Fla. 1981); Fasenmyer v. Wainwright, 230 So. 2d 129 (Fla. 1969); DeGroot v. Sheffield, 95 So. 2d 912 (Fla.1957); City of Winter Garden v. Norflor Constr. Corp., 396 So. 2d 865 (Fla. 5th DCA 1981). . This construction is mandated by the use of the word “shall.” See, e.g., Tascano v. State, 393 So. 2d 540 (Fla.1981) (Florida Rule of Criminal Procedure 3.390(a) interpreted as mandatory).…

Authorities Cited

• Carroll v. United States, 267 U.S. 132 (U.S. 1925)
• Draper v. United States, 358 U.S. 307 (U.S. 1959)
• Hetland v. State, 387 So. 2d 963 (Fla. 1980)