CHARLES RICHARD POWELL, PETITIONER,

v.

DAVID A. ALLEN, RESPONDENT

Citator

Cited By

• Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002)
  …2(1) only if this Court had rendered a decision on the merits of the Petition, and held in Petitioner’s favor.” Appellate courts have generally allowed direct review of an order dismissing a petition for writ of mandamus. See e.g., Tucker v. Ruvin, 748 So. 2d 376 (Fla. 3d DCA 2000); Ponton v. Moore, 744 So. 2d 1159 (Fla. 1st DCA 1999); Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999); Hensley v. Singletary, 690 So. 2d 653 (Fla. 1st DCA 1997); see also Sheley v. Florida Parole Comm’n, 703 So. 2d 1202, 1…
• Clark Leichty v. Clerk OF Cir. Court, 948 So. 2d 47 (Fla. 5th DCA 2007)
  …on from the trial court clerk to provide documents or accept filings cannot start with mandamus at the appellate court. He must seek relief in the trial court first. It is the trial court that has jurisdiction over such matters. See Tucker v. Ruvin, 748 So. 2d 376 (Fla. 3d DCA 2000) (holding that where clerk refused to file legal document, circuit court should have granted mandamus); see also Martin v. Krischer, 783 So. 2d 1170, 1170 (Fla. 4th DCA 2001); Green v. State, 698 So. 2d 575, 576 (Fla. 5th DCA 1997)…
• Tremaine Bailem v. State, 984 So. 2d 604 (Fla. 3d DCA 2008)
  …have an indisputable legal duty to perform the requested action, and the petitioner must have no other adequate remedy.” Jenkins v. State, 957 So. 2d 20, 22 (Fla. 5th DCA 2007); accord Huffman v. State, 813 So. 2d 10, 11 (Fla.2002); Tucker v. Ruvin, 748 So. 2d 376, 377 (Fla. 3d DCA 2000). Mandamus is cognizable where the lower court fails to perform a ministerial duty, not to force a discretionary action. See State v. S.C.W., 718 So. 2d 320, 323 (Fla. 2d DCA 1998) (citing Buckhalt v. McGhee, 632 So. 2d 120, 1…