WILLIE E. CLARK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Radford v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 2005)
  …61 So. 2d 1214, 1215 (Fla. 2d DCA 2003) (citations [*1068] omitted). If the petition is facially sufficient, the court must issue an alternative writ of mandamus requiring the-respondent to show cause why the writ should not be issued. Moore v. Ake, 693 So. 2d 697, 698 (Fla. 2d DCA 1997); Conner v. Mid-Florida Growers, Inc., 541 So. 2d 1252, 1256 (Fla. 2d DCA 1989). If the petition and answer to the alternative writ raise disputed factual issues, the trial court must resolve these issues upon evidence submitt…
• Bostic v. State, 875 So. 2d 785 (Fla. 2d DCA 2004)
  …ith v. State, 696 So. 2d 814, 816 (Fla. 2d DCA 1997). If so, “the trial court shall issue ... an alternative writ in mandamus that may incorporate the complaint by reference only.” Fla. R. Civ. P. 1.630(d)(3) (emphasis added); see also Moore v. Ake, 693 So. 2d 697, 698 (Fla. 2d DCA 1997). Air alternative writ “is essentially an order to show cause why the requested relief should not be granted.” Conner, 541 So. 2d at 1256. It is then the respondent’s burden to come forth with facts on which it based its refus…
• Williams v. State, 189 So. 3d 909 (Fla. 2d DCA 2016)
  …ocedure 1.630. Upon , receipt of a facially sufficient petition, the lower court “must issue an alternative writ of mandamus requiring the respondent to show cause why the writ should not be issued.” Radford, 914 So. 2d at 1068 (citing Moore v. Ake, 693 So. 2d 697, 698 (Fla. 2d DCA 1997); Conner v. Mid-Florida Growers, Inc., 541 So. 2d 1252, 1256 (Fla. 2d DCA 1989)). Affirmed. WALLACE, LaROSE, and CRENSHAW, JJ., Concur.…