FRANK JAMES WAITE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987)
  …cessary and surplus-age. . Harrison v. Wainwright, 408 So. 2d 800 (Fla. 5th DCA), rev. denied, 419 So. 2d 1201 (Fla.1982); Dowda v. State, 417 So. 2d 1147 (Fla. 5th DCA 1982); Jablonskis v. State, 422 So. 2d 356 (Fla. 5th DCA 1982); Waite v. State, 423 So. 2d 529 (Fla. 5th DCA 1982); Delgado v. State, 423 So. 2d 603 (Fla. 3d DCA 1982); Lamar v. State, 443 So. 2d 414 (Fla. 4th DCA 1984); Hampton v. State, 446 So. 2d 1171 (Fla. 5th DCA 1984); Scott v. State, 447 So. 2d 1002 (Fla. 5th DCA 1984); Jensen v. State…
• Morse Diesel Int'l, Inc. v. 2000 Island Boulevard, Inc., 698 So. 2d 309 (Fla. 3d DCA 1997)
  …rests of third parties not before the court are involved, mandamus will not lie, unless the claims appear unreal and imaginary.” Allen v. School Bd. of Broward County, 522 [*313] So. 2d 1036, 1037 (Fla. 4th DCA 1988) (citing City of DeLand v. State, 423 So. 2d 529, 530 (Fla. 5th DCA 1982)). In Allen, a writ of mandamus for the release of certain funds in favor of the school board was reversed where the released funds were also the subject matter of a pending class action lawsuit between taxpayers and the coun…
• Allen v. The Sch. Bd. OF Broward Cnty., 522 So. 2d 1036 (Fla. 4th DCA 1988)
  …and upon equitable principles. If the issuance of the writ will not promote substantial justice or would lend aid to the effectuation of a probable injustice, the court may properly decline to grant the writ. City of DeLand v. State ex rel. Watts, 423 So. 2d 529, 531 (Fla. 5th DCA 1982). “[WJhere it appears that real and substantial interests of third parties not before the court are involved, mandamus will not lie, unless the claims appear unreal and imaginary.” Id. at 530. In the case under review, third…

Authorities Cited

• Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981)