LINDA S. GIBSON, APPELLANT,

v.

DAVID K. GIBSON, APPELLEE

Citator

Cited By

• Fla. Caucus OF Black State Legislators, Inc. v. Crosby, 877 So. 2d 861 (Fla. 1st DCA 2004)
  …arly stated in section 944.293. Generally, an “extraordinary writ of mandamus may not be used to establish the existence of an enforceable right, but rather only to enforce a right already clearly and certainly established in law.” Sancho v. Joanos, 715 So. 2d 382, 385 (Fla. 1st DCA 1998). However, “[t]he fact that we may need to examine and interpret the statute in order to determine whether there is such a right [for the petitioner] does not make the right any more or less ‘clear.’ ” Schmidt v. Crusoe, 878…
• Browning v. Young, 993 So. 2d 64 (Fla. 1st DCA 2008)
  …affected the legal sufficiency of the qualifying papers in that case. Substantial compliance, as the term is used in Siegendorf, is the functional equivalent of legal compliance. We reversed an order granting a writ of mandamus in Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998), but that case is distinguishable. There, the issue was whether an elections supervisor has a duty to inform a candidate of any unmet requirements before the close of the qualifying period. We held that such a duty exists with re…
• Pleadro J. Scott v. State, 130 So. 3d 741 (Fla. 3d DCA 2014)
  …e existence of an enforceable right, but rather only to enforce a right already clearly and certainly established in the law.” Fla. Caucus of Black State Legislators, Inc. v. Crosby, 877 So. 2d 861, 863 (Fla. 1st DCA 2004) (quoting Sancho v. Joanos, 715 So. 2d 382, 385 (Fla. 1st DCA 1998)). Typically, a prisoner must exhaust all administrative remedies before seeking such a writ. See Dante, 979 So. 2d at 1123 (“Prior to issuing an extraordinary writ, however, all administrative remedies must be exhausted.”);…