RAYL LYNN KELLAR, PETITIONER,
v.
MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
The trial court reached the right result for the wrong reason. “Mandamus is a narrow, extraordinary writ used to coerce an official to perform a clear legal duty.” Sica v. Singletary, 714 So. 2d 1111, 1112 (Fla. 2d DCA 1998). “Although manda--mus is a legal remedy, the granting of the writ is governed by equitable principles.” Shevin ex rel. State v. Pub. Serv. Comm’n, 333 So. 2d 9, 12 (Fla.1976). “Just as equitable remedies are unavailable when there is an adequate remedy at law, Egan v. City of Miami, 130 Fla. 465, 178 So. 132 (1938); City of Jacksonville v. Giller, 102 Fla. 92, 135 So. 549 (1931), so relief by mandamus is unavailable unless ‘no other adequate remedy exists.’ State ex rel. Blatt v. Panelfab Int'l Corp., 314 So. 2d 196, 198 (Fla.App.3d DCA 1975); Moneyhun v. Purdy, 258 So. 2d 505 (Fla.App.3d DCA 1972).” Shevin, 333 So. 2d at 12. Other adequate legal remedies do exist here. See, e.g., Abbott v. City of Fort Lauderdale, 783 So. 2d 1213, 1214-15 (Fla. 4th DCA 2001). Accordingly, the petition for writ of certiorari is denied.
BARFIELD, WEBSTER, and BENTON, JJ., concur.
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Honorable Jim Fuller v. Truncale, 50 So. 3d 25 (Fla. 1st DCA 2010)…ROWE, JJ., concur. . See Dep't of Children & Families v. L.D., 840 So. 2d 432, 435 (Fla. 5th DCA 2003); Smithers v. Smithers, 743 So. 2d 605, 606 (Fla. 4th DCA 1999). . See Egan v. City of Miami, 130 Fla. 465, 178 So. 132 (1938); Kellar v. Moore, 820 So. 2d 1015, 1016 (Fla. 1st DCA 2002). . See State v. Smith, 951 So. 2d 954, 958 (Fla. 1st DCA 2007). . See Taylor v. TGI Friday's, Inc., 16 So. 3d 312, 313 (Fla. 1st DCA 2009). . See also Dep’t of Highway Safety & Motor Vehicles v. Marks, 898 So. 2d 1063, 1…
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A.G. v. Fla. Dep't OF Child. & Families, 65 So. 3d 1180 (Fla. 1st DCA 2011)…1999). A petitioner can show irreparable harm by demonstrating either that the injury cannot be redressed in a court of law or that there is no adequate legal remedy. See Egan v. City of Miami, 130 Fla. 465, 178 So. 132, 133 (1938); Kellar v. Moore, 820 So. 2d 1015, 1016 (Fla. 1st DCA 2002). A petitioner can demonstrate a departure from the essential requirements of the law by showing “that the trial court made an error so serious that it amounts to a miscarriage of justice.” State v. Smith, 951 So. 2d 954, 95…
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K.G. Mother of N.G. v. Fla. Dep't OF Child. & Families, 66 So. 3d 366 (Fla. 1st DCA 2011)…DCA 1999). A petitioner can show irreparable harm by demonstrating either that the injury cannot be redressed in a court of law or that there is no adequate legal remedy. See Egan v. City of Miami, 130 Fla. 465, 178 So. 132 (1938); Kellar v. Moore, 820 So. 2d 1015, 1016 (Fla. 1st DCA 2002). A petitioner can demonstrate a departure from the essential requirements of the law by showing “that the trial court made an error so serious that it amounts to a miscarriage of justice.” State v. Smith, 951 So. 2d 954, 95…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shevin v. Pub. Serv. Comm'n, 333 So. 2d 9 (Fla. 1976)
- Egan v. The City of Miami, 130 Fla. 465 (Fla. 1938)
- City of Jacksonville v. Giller, 102 Fla. 92 (Fla. 1931)
- State v. Panelfab Int'l Corp., 314 So. 2d 196 (Fla. 3d DCA 1975)
- Moneyhun v. Purdy, 258 So. 2d 505 (Fla. 3d DCA 1972)
- Sica v. Singletary, 714 So. 2d 1111 (Fla. 2d DCA 1998)
- Dechman v. Higginbotham, 102 Fla. 92 (Fla. 1931)
- Abbott v. City of Fort Lauderdale, 783 So. 2d 1213 (Fla. 4th DCA 2001)