EDWARD BOSTIC, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Edward Bostic sought a writ of mandamus to compel the clerk of court to provide a certified copy of his arrest warrant after two years of unsuccessful requests. The trial court denied the petition, but the appellate court reversed, holding that the trial court failed to follow proper mandamus procedure by not issuing an alternative writ requiring the clerk to show cause for its refusal.
The trial court erred in failing to follow proper mandamus procedure. Because Bostic's petition alleged a prima facie case for relief—establishing a clear legal right, an indisputable legal duty under Florida Rule of Judicial Administration 2.051, and no adequate remedy at law—the trial court was required to issue an alternative writ directing the clerk to respond with facts justifying its refusal.
[1] A petition for a writ of mandamus requires a showing of a clear legal right to the requested act, an indisputable legal duty to perform the act, and the absence of an ade…
[2] When a petition for a writ of mandamus establishes a prima facie case, the trial court must issue an alternative writ, which serves as an order to show cause why the requ…
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Join FLexlaw to unlock all legal intelligence“In considering a petition for a writ of mandamus, the trial court first determines whether the complaint shows a prima facie case for relief by alleging 'a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.'”
Establishes the three-part test for mandamus relief that the trial court must apply
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Join FLexlaw to unlock all legal intelligenceBostic made multiple requests over more than two years for a certified copy of his arrest warrant from the clerk's office, sending payment for the cop…
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COVINGTON, Judge.
Edward Bostic petitions for certiorari review of the trial court’s order denying his petition for a writ of mandamus. We treat his petition as an appeal and reverse. See Fla. R.App. P. 9.040(c); Conner v. Mid-Florida Growers, Inc., 541 So. 2d 1252 (Fla. 2d DCA 1989); Skinner v. Skinner, 561 So. 2d 260 (Fla.1990).
Bostic wrote several times to the clerk of court requesting a certified copy of his arrest warrant. He sent payment to cover the cost of one copy plus certification. The clerk’s office sent Bostic the wrong documents and then refunded his payment. Despite numerous attempts over the course of more than two years, Bostic was unable to obtain a copy of his warrant from the clerk’s office. Bostic then filed a petition for a writ of mandamus in the trial court to compel the clerk’s office to send him the warrant copy. The trial court denied the petition, finding that Bostic was not entitled to relief.
In considering a petition for a writ of mandamus, the trial court first determines whether the complaint shows a prima facie case for relief by alleging “a clear legal right to performance of the act requested, an indisputable legal duty, and no adequate remedy at law.” Fla. R. Civ. P. 1.630(d); Smith 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 refusal to perform its legal duty. Smith, 696 So. 2d at 816. Depending on the response, the trial court then either grants or denies the mandamus petition. Id.
In this case, Bostic’s petition alleged a prima facie case for relief. It established a clear legal right to have the clerk provide the requested copy; an indisputable legal duty on the part of the clerk to provide it under Florida Rule of Judicial Administration 2.051, see T.T. v. State, 689 So. 2d 1209, 1211 (Fla. 3d DCA 1997); and no adequate remedy at law. See also Tedesco v. State, 807 So. 2d 804 (Fla. 4th DCA 2002). Therefore, the trial court erred in failing to follow the proper procedure by proceeding directly to hear and rule on the merits of the petition. See Conner, 541 So. 2d at 1256.
Accordingly, we reverse and instruct the trial court on remand to issue an alternative writ in mandamus directing the clerk to respond with facts on which it based its refusal to provide the warrant copy. See Smith, 696 So. 2d at 816. The trial court may again deny Bostic’s mandamus petition if the clerk’s office raises a valid defense other than nonpayment. Otherwise, the trial court shall grant the petition for writ of mandamus, in which case the writ may be fashioned “ordering production after [Bostic] has paid for copies.” Id.; see also T.T., 689 So. 2d at 1211.
Reversed and remanded.
FULMER and WALLACE, JJ., Concur.
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Miami-Dade Cnty. Bd. OF Cnty. Comm'rs v. AN Accountable Miami-Dade, 208 So. 3d 724 (Fla. 3d DCA 2016)…that if a petition for writ of mandamus states a prima facie case for relief, the trial court must issue an alternative writ, “which ‘is essentially an order to show cause why the requested relief should not be granted.’ ” (quoting Bostic v. State, 875 So. 2d 785, 786 (Fla. 2d DCA 2004))); Conner v. Mid-Fla. Growers, Inc., 541 So. 2d 1252, 1256 (Fla. 2d DCA 1989) (“Upon receipt of a facially sufficient petition for writ of mandamus, a court having jurisdiction to consider such a petition should first issue a…
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Anthony v. State, 277 So. 3d 223 (Fla. 2d DCA 2019)…OJ report, the circuit court, in granting the petition, shall also determine whether Mr. Anthony is entitled to a free copy of the - 6 - DOJ report or whether the writ shall be conditioned upon payment of the copying costs. See Bostic v. State, 875 So. 2d 785, 786 (Fla. 2d DCA 2004). Reversed and remanded with instructions. CASANUEVA and MORRIS, JJ., Concur.…
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Webber v. State, 931 So. 2d 169 (Fla. 5th DCA 2006)…PER CURIAM. The defendant, Edward James Webber, Jr., seeks certiorari review of an order denying and dismissing his petition for writ of mandamus in the trial court. We treat the petition as an appeal pursuant to Bostic v. State, 875 So. 2d 785 (Fla. 2d DCA 2004). Having carefully reviewed the record before us, as well as the provisions of section 28.213, Florida Statutes (2005), we conclude that the trial court was correct in its ruling and affirm. . AFFIRMED. PALMER, ORFINQER, and MO…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kurtis J. Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997)
- Skinner v. Skinner, 561 So. 2d 260 (Fla. 1990)
- Doyle Conner v. Mid-Florida Growers, Inc., 541 So. 2d 1252 (Fla. 2d DCA 1989)
- Clark v. State, 693 So. 2d 697 (Fla. 2d DCA 1997)
- T.T. v. State, 689 So. 2d 1209 (Fla. 3d DCA 1997)
- Aguilar v. State, 807 So. 2d 804 (Fla. 3d DCA 2002)
- Tedesco v. State, 807 So. 2d 804 (Fla. 4th DCA 2002)