R.H. DONNELLEY PUBLISHING & ADVERTISING, INC., PETITIONER,
v.
LAW OFFICE OF PATRICIA K. HERMAN, P.A., RESPONDENT
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R.H. Donnelley sought a writ of mandamus to obtain appellate review of a circuit court judgment dismissing a contractual dispute based on alleged lack of subject matter jurisdiction. The appellate court denied the mandamus petition because Donnelley had an adequate remedy through timely direct appeal, which it failed to pursue.
Mandamus is not available when a party has an adequate remedy by appeal. Because Donnelley had the adequate remedy of a timely direct appeal but failed to pursue it, the mandamus petition must be denied.
[1] Mandamus is not available when an aggrieved party has an adequate remedy by appeal.
[2] A forum selection clause concerns the appropriate venue of a case, not the court's subject matter jurisdiction.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mandamus is available '[i]f a lower court, without sufficient reason, neglects or refuses to act on a matter within its jurisdiction ... unless the aggrieved party has an adequate remedy by appeal.'”
Establishes the governing standard for mandamus availability and the requirement that no adequate alternative remedy exist.
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Join FLexlaw to unlock all legal intelligenceR.H. Donnelley Publishing & Advertising, Inc. and the Law Office of Patricia K. Herman had a contractual dispute. The circuit court entered a Final Ju…
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In its petition for writ of mandamus, R.H. Donnelley Publishing & Advertising, Inc. asks this Court to excuse its failure to file a timely notice of appeal directed to the circuit court’s “Final Judgment,” which concluded that it lacked subject matter jurisdiction to adjudicate the parties’ contractual dispute. Instead, Donnelley seeks appellate review, utilizing the instant mandamus petition.1 “[Mjandamus is available ‘[i]f a lower court, without sufficient reason, neglects or refuses to act on a matter within its jurisdiction ... unless the aggrieved party has an adequate remedy by appeal.’ ” Coral Springs Tower Club II Condo. Ass’n v. Dizefalo, 667 So.2d 966, 967 (Fla. 4th DCA 1996) (quoting Flagship Nat’l Bank of Miami v. Testa, 429 So.2d 69, 70 (Fla. 3d DCA 1983)). Because Don-nelley had an adequate remedy available by filing a timely direct appeal, which it failed to do, we conclude that the instant petition should be denied.
MANDAMUS DENIED.
GRIFFIN and COHEN, JJ., concur.
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Bank OF Am., N.A. v. Lane, 76 So. 3d 1007 (Fla. 1st DCA 2011)…rus Stornoway Invs., LLC v. Kerley, 38 So. 3d 840, 842 (Fla. 1st DCA 2010); Copeleo Leasing Corp. v. Best Photo Shop, Inc., 678 So. 2d 17, 18 (Fla. 4th DCA 1996). Accord R.H. Donnelley Publ’g & Adver., Inc. v. Law Office of Patricia K. Herman, P.A., 44 So. 3d 208, 208 n. 1 (Fla. 5th DCA 2010). Instead, the trial court determined on its own motion at the conclusion of the hearing on appellant’s motion for rehearing that the default judgment should be set aside based upon excusable neglect. However, the trial…
Authorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- Taurus Stornoway Invs., LLC v. Kerley, 38 So. 3d 840 (Fla. 1st DCA 2010)
- Freddy Palma v. State, 549 So. 2d 1211 (Fla. 4th DCA 1989)
- Steckel v. Blafas, 549 So. 2d 1211 (Fla. 4th DCA 1989)
- Coral Springs Tower Club II Condo. Ass'n, Inc. v. Dizefalo, 667 So. 2d 966 (Fla. 4th DCA 1996)