MONROE COUNTY, FLORIDA, APPELLANT,
v.
CHARLES M. CISNEROS, ET AL., APPELLEES
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This is an appeal by Monroe County from an order granting mandamus relief to Charles M. Cisneros and Griset Cisneros, rendered by the Monroe County Circuit Court, sitting in its appellate capacity, pursuant to a request made by the Cisneroses to that court while the court had pending before it the Cisneros’ statutorily authorized appeal, see § 162.11, Fla. Stat. (2009), of two code enforcement orders pertaining to the same subject matter. On well-established principles that mandamus relief lies only to compel a ministerial act, see City of Miami Beach v. Mr. Samuel’s, Inc., 351 So.2d 719 (Fla.1977), where the respondent has a clear legal duty to perform the act, see Adams v. State, 560 So.2d 321 (Fla. 1st DCA 1990); Ferris v. Bd. of Pub. Instruction of Sumter Cnty., 119 So.2d 389 (Fla. 2d DCA 1960), and the petitioner has no other adequate or complete remedy, see Shevin ex rel. State v. Pub. Serv. Comm’n, 333 So.2d 9 (Fla.1976), we reverse the order granting petition for mandamus.
Reversed and remanded for further proceedings.
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Tbom Mortg. Holding, LLC v. Brown, 59 So. 3d 322 (Fla. 3d DCA 2011)…e petitioner’s claims. Finally, the petitioner’s assumptions regarding the trial judge’s thought processes are not supported by a transcript and are, in my view at least, unprofessional.5 I would deny the petition. . See Monroe County v. Cisneros, 49 So. 3d 801 (Fla. 3d DCA 2010). .The docket further reflects that the petitioner filed a “notice of filing” a copy of the same order on February 2, 2011. . Fla. R. Civ. P. 1.010. . The petition alleges that the trial judge was "vehement” in his refusal to pr…
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Perry v. Dep't OF Child. & Families, 220 So. 3d 546 (Fla. 3d DCA 2017)…tice of the ABAWD designation and an opportunity to challenge this designation in an administrative proceeding. The extraordinary remedy of mandamus applies exclusively to enforce a ministerial duty of a government official. Monroe Cty. v. Cisneros, 49 So. 3d 801, 801 (Fla. 3d DCA 2010). A party seeking mandamus relief must establish that the government official has violated a clear legal right of the petitioner by failing to perform a corresponding, indisputable legal duty. Tucker v. Ruvin, 748 So. 2d 376,…
Authorities Cited
- Shevin v. Pub. Serv. Comm'n, 333 So. 2d 9 (Fla. 1976)
- City OF Miami Beach v. MR. Samuel's, Inc., 351 So. 2d 719 (Fla. 1977)
- Ferris v. Bd. OF Pub. Instruction OF Sumter Cnty., 119 So. 2d 389 (Fla. 2d DCA 1960)
- Adams v. State, 560 So. 2d 321 (Fla. 1st DCA 1990)