ALLAN L. HALL, APPELLANT,
v.
EDWARD LIEBLING, APPELLEE

Fla. 2d DCA | 2004-12-29
No. 2D04-822
ALTENBERND, C.J., and VILLANTI, J., Concur.
890 So. 2d 475 Florida District Court of Appeal, Second District (2004) Caution
Cited by 2 cases
Topics
Mandamus Relief Ministerial Duty

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Opinion of the Court
FULMER, Judge.

FULMER, Judge.

Allan L. Hall sought mandamus relief to compel the release of documents by his former counsel, Edward Liebling, a former assistant public defender who is now engaged in private practice. In denying the mandamus petition, the trial court concluded that the petition was successive and “the matter has been adjudicated.” The record, however, does not contain documentation that substantiates this conclusion. We nevertheless affirm because Liebling is a private citizen and not a government official. The trial court’s mandamus authority will not lie to compel a private citizen to return documents to Hall. See Donahue v. Vaughn, 721 So. 2d 356 (Fla. 5th DCA 1998) (holding that mandamus does not lie to require a private citizen to perform a ministerial duty required by law).

Affirmed.

ALTENBERND, C.J., and VILLANTI, J., Concur.

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  • Villa Bellini Ristorante & Lounge, Inc. v. Ciro Mancini, 283 So. 3d 972 (Fla. 2d DCA 2019)
    …1950))). Our court once held that mandamus could not lie against a former assistant public defender who later became a private practitioner for the very reason that he "is a private citizen and not a government official." See Hall v. Liebling, 890 So. 2d 475, 476 (Fla. 2d DCA 2004); see also Donahue v. Vaughn, 721 So. 2d 356, 357 (Fla. 5th DCA 1998) ("[M]andamus does not lie to require a private citizen, appellee, to perform a ministerial duty required by law." (internal quotations omitted)). Neverth…
  • Green v. Steven Garrett Frisco, P.A. (Fla. 1st DCA 2023)
    …blic official or a quasi- public official. See Snowden v. Davis, 581 So. 2d 243 (Fla. 5th DCA 1991) (denying a petition for writ of mandamus seeking a copy of criminal transcripts because private counsel was not a public official); Hall v. Liebling, 890 So. 2d 475, 476 (Fla. 2d DCA 2004) (“The trial court’s mandamus authority will not lie to compel a private citizen to return documents to [Appellant].”). For these reasons, the trial court did not err in denying the petition to compel Frisco by writ of mandamu…

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