CLARK LEICHTY, PETITIONER,
v.
CLERK OF CIRCUIT COURT, LAKE COUNTY, FLORIDA, RESPONDENT
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The court held that a writ of mandamus will not lie to compel a circuit clerk to file a motion or petition when the petitioner has not first sought relief in the trial court.
Clark Leichty petitioned for a writ of mandamus to compel a circuit clerk to file a motion or petition. He did not indicate that he had sought relief …
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[*48] PER CURIAM.
Clark Leichty petitions this Court for a writ of mandamus “compelling a circuit clerk of the court to file a motion or petition rendered for filing.” He gives no indication that he has sought relief in the trial court. We deny the petition.
Mandamus will lie to compel the performance of a clear legal duty. Huffman v. State, 813 So. 2d 10, 11 (Fla.2000). Hence, it is only appropriate to compel a purely ministerial act. Austin v. Crosby, 866 So. 2d 742, 744 (Fla. 5th DCA 2004). Mandamus is not appropriate where another legal remedy is available. Huffman, 813 So. 2d at 11.
Here, Mr. Leichty does not allege that he requested (and does not appear to have sought) a ruling from the trial court. Consequently, it appears that he never made a distinct, express demand for performance from the circuit court, which is a condition precedent to the issuance of a writ of mandamus. See Gentile v. Office of Public Defender, 833 So. 2d 229, 230 (Fla. 5th DCA 2002); Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA 2001); Fla. Pharmacy Ass’n, Inc. v. Strong, 604 So. 2d 529, 530 (Fla. 1st DCA 1992). A litigant who seeks action 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); Taylor v. State, 677 So. 2d 75, 76 (Fla. 4th DCA 1996).
PETITION FOR MANDAMUS DENIED.
GRIFFIN, ORFINGER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Musmacher v. McDONOUGH, 969 So. 2d 1101 (Fla. 1st DCA 2007)…ent and the clerk of the circuit court respond that petitioner must pay the applicable filing fee or prove his inability to pay by filing an affidavit of indigency. The clerk of the circuit court cites Leichty v. Clerk of Circuit Court, Lake County, 948 So. 2d 47 (Fla. 5th DCA 2007), for support. In Leichty, the Fifth District Court of Appeal ruled that “a litigant who seeks action from the trial court clerk to provide documents or accept filings cannot start with mandamus at the appellate court. He must see…
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Bennett v. Clerk OF Cir. Court Citrus Cnty., 150 So. 3d 277 (Fla. 5th DCA 2014)…rk 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.” Leichty v. Clerk of Circuit Court, Lake Cnty., 948 So. 2d 47, 48 (Fla. 5th DCA 2007). But see Musmacher v. McDonough, 969 So. 2d 1101,1103 (Fla. 1st DCA 2007) (distinguishing Leichty under circumstances of case, and directing clerk of circuit court to accept petitioner’s petition for writ of mandamus because…
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Wallace v. State, 989 So. 2d 725 (Fla. 1st DCA 2008)…not contain a copy of the transcript he seeks, or he has unsuccessfully exhausted efforts to obtain a refund from the clerk, complaints of this nature should first be presented to the trial court. See Leichty v. Clerk of Circuit Court, Lake County, 948 So. 2d 47 (Fla. 5th DCA 2007). PETITION FOR WRIT OF MANDAMUS DENIED. BARFIELD, WOLF, and PADOVANO, JJ., concur.…
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 (12 total)
- Huffman v. State, 813 So. 2d 10 (Fla. 2000)
- State v. Barber, 783 So. 2d 293 (Fla. 5th DCA 2001)
- Marzuq Al-Hakim v. State, 783 So. 2d 293 (Fla. 5th DCA 2001)
- Green v. State, 698 So. 2d 575 (Fla. 5th DCA 1997)
- Taylor v. State, 677 So. 2d 75 (Fla. 4th DCA 1996)
- Austin v. Crosby, 866 So. 2d 742 (Fla. 5th DCA 2004)
- Fla. Pharmacy Ass'n, Inc. v. Strong, 604 So. 2d 529 (Fla. 1st DCA 1992)
- Powell v. Allen, 748 So. 2d 376 (Fla. 5th DCA 2000)
- Nixon v. State, 748 So. 2d 376 (Fla. 1st DCA 2000)
- Gentile v. Off. OF the Pub. Def., 833 So. 2d 229 (Fla. 5th DCA 2002)