JERMAINE D. LOGAN, PETITIONER,
v.
HOWARD C. FORMAN, AS CLERK OF THE BROWARD COUNTY CIRCUIT COURT, RESPONDENT
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Logan petitioned for a writ of mandamus to compel the Broward County clerk to provide public records concerning an assistant state attorney's appointment and to identify the case number where his transferred mandamus petition was filed. The appellate court granted the petition in part, ordering the clerk to immediately provide the case number and ensure the transferred petition was properly filed.
The court granted the petition in part, ordering the clerk forthwith to provide Logan and the court with the case number in which the transferred petition was filed, and to respond to Logan's inquiry regarding the case number. The court also forwarded a copy of the transferred petition to the lower tribunal's clerk in case it had been misplaced.
[1] A clerk of court must advise a petitioner and the appellate court of the lower tribunal case number in which a transferred petition has been filed.
[2] A circuit court has concurrent jurisdiction to grant mandamus relief and the power to review its clerk's ministerial acts.
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Join FLexlaw to unlock all legal intelligence“Because the circuit court has concurrent jurisdiction to grant mandamus relief, see Fla. R.App. P. 9.030(c)(3), and has the power to review its clerk's ministerial acts, see generally Clayton v. State, 849 So.2d 461 (Fla. 2d DCA 2003), this court transferred that petition to the circuit court for further proceedings under section 119.07, Florida Statutes.”
Establishes the court's basis for transferring the original petition and the clerk's duties regarding ministerial acts
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Join FLexlaw to unlock all legal intelligenceIn March 2011, Logan requested from the Broward County clerk's office documents required by Florida Statute § 27.181(1) concerning the appointment of …
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We grant the petition for writ of mandamus in part and direct Howard C. Forman, the Broward County clerk of court, forthwith to advise both this court and the petitioner, Jermaine D. Logan, of the lower tribunal case number in which Logan’s transferred petition has been filed.
In May 2011, Logan filed with this court a petition for writ of mandamus in which he sought to compel the Broward County clerk of courts to provide copies of documents which the petitioner had requested from the clerk in March 2011, concerning the appointment of a particular Broward County assistant state attorney. The documents requested are ones that are required by section 27.181(1), Florida Statutes, to be recorded in the office of the clerk of the circuit court where the appointing state attorney resides. Despite that fact, and though Logan cited the statute and enclosed payment with his request, the clerk’s office did not provide the requested records; it merely responded that the information he requested “is not found [in] the file.”1
*897Because the circuit court has concurrent jurisdiction to grant mandamus relief, see Fla. R.App. P. 9.030(c)(3), and has the power to review its clerk’s ministerial acts, see generally Clayton v. State, 849 So.2d 461 (Fla. 2d DCA 2003), this court transferred that petition to the circuit court for further proceedings under section 119.07, Florida Statutes. Logan v. Forman, No. 4D11-1713 (Fla. 4th DCA July 21, 2011) (unpublished order).
In October 2011, the petitioner filed another mandamus petition with this court, stating he had filed an inquiry with the circuit court requesting the new lower tribunal case number for the transferred petition, but the clerk had not responded. He asked this court to compel the circuit court to enforce the order and to rule on his claim under section 119.07 without further delay.
This court ordered the respondent clerk of court to show cause within twenty days why the petition should not be granted as prayed. The clerk failed to file a timely response.
Accordingly, we now grant the petitioner’s February 15, 2011 motion to hear and rule, and we grant the petition. We order the clerk forthwith to answer the petitioner’s inquiry and provide him (as well as this court) with the lower tribunal case number which the transferred petition has been assigned (or into which it has been filed, if it has been filed within an existing case number).2 At the same time, we are forwarding to the lower tribunal clerk’s office a copy of the transferred petition from this court’s file in case no. 4D11-1713, in the event the lower tribunal clerk’s office has misplaced the one we previously transferred to it.
Petition Granted.
DAMOORGIAN, CIKLIN and CONNER, JJ. concur.
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- Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003)
- Asela Ortega v. Carnival Cruise Lines, Inc., 849 So. 2d 461 (Fla. 3d DCA 2003)