HENRY CYRUS LUCAS
v.
STATE OF FLORIDA, ET AL.
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Henry Cyrus Lucas filed a mandamus petition seeking public records from the State of Florida. The Third District Court of Appeal dismissed the petition as moot because Lucas received the records he originally requested before the appeal was decided.
The court granted the motion to dismiss the petition as moot because the petitioner received the records that were the subject of the original request, rendering the mandamus petition moot.
[1] A petition for writ of mandamus will be dismissed as moot when the petitioner has already received the records that were the subject of the request.
[2] A direct appeal is the proper vehicle for review of a mandamus petition denied for reasons other than the merits.
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Join FLexlaw to unlock all legal intelligence“We grant the motion to dismiss the petition as moot because the petitioner received the records requested.”
States the court's holding that mootness is appropriate because Lucas received the records he sought.
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Join FLexlaw to unlock all legal intelligenceLucas made a specific request for public records from the State of Florida. The requested public records existed but were not timely produced by the r…
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Third District Court of Appeal State of Florida
Opinion filed May 28, 2025. Not final until disposition of timely filed motion for rehearing.
Nos. 3D24-1540, 3D24-1768 Lower Tribunal No. F07-27539
Henry Cyrus Lucas, Appellant,
vs.
State of Florida, et al., Appellees.
Appeals from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.
Henry Cyrus Lucas, in proper person.
James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General; Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Christopher A. Angell, Assistant County Attorney, for appellees.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM.
ON MOTION TO DISMISS
We grant the motion to dismiss the petition as moot because the petitioner received the records requested. See Roe v. Dep't of Health, 312 So. 3d 175, 177 (Fla. 1st DCA 2021) (dismissing mandamus petition as moot where petitioner already received requested records); see also Battle v. Fla. Comm'n on Offender Rev., 188 So. 3d 10, 12 (Fla. 1st DCA 2016) (noting that direct appeal is proper vehicle for review of mandamus petition denied for reasons other than merits, but affirming where petition was properly dismissed as moot); Moeller v. Se. Fla. Behav. Health Network, Inc., 392 So. 3d 579, 586 (Fla. 4th DCA 2024) (describing elements for public records claims under Chapter 119, Florida Statutes, including how claimant must show that "they made a specific request for public records, the [respondent] received it, the requested public records exist, and the [respondent] improperly refused to produce [the public records] in a timely manner” (quotation omitted)). 1
1 We take no position on the petitioner's entitlement to records that were subsequently requested after the filing of the underlying petition and this appeal. 2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Battle v. Fla. Comm'n on Offender Review, 188 So. 3d 10 (Fla. 1st DCA 2016)