RAYFIELD MAJOR, APPELLANT,
v.
HALLANDALE BEACH POLICE DEPARTMENT, APPELLEE
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A defendant convicted of attempted robbery sought a writ of mandamus to compel the police department to produce DNA and fingerprint test results on the weapon. The court affirmed the denial of the petition but without prejudice, finding the defendant failed to attach necessary supporting records, though noting the lower court's reasoning was flawed.
The court affirmed the denial of the petition but without prejudice. Although the circuit court's reasoning was flawed and internally inconsistent, the affirmance was correct because the defendant failed to attach necessary supporting records to his petition as required by Florida Rule of Civil Procedure 1.630(b). The defendant may file a new petition attaching the deposition excerpt.
[1] A circuit court's order denying a petition for writ of mandamus may be affirmed if the result is correct, even if the reasoning is flawed, provided there is a basis in th…
[2] A petition for writ of mandamus seeking records from a governmental agency must attach a copy of the record necessary to support the complaint.
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Establishes the procedural requirements for filing a mandamus petition, which the defendant failed to satisfy.
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Join FLexlaw to unlock all legal intelligenceDefendant Major was convicted of attempted robbery with a weapon. He requested public records from the police department, including DNA and fingerprin…
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The defendant appeals from the circuit court’s order denying his petition for writ of mandamus, which sought to direct the police department to comply with his request for public records relating to his conviction of attempted robbery with weapon. We affirm the denial of the petition, but without prejudice to the defendant filing a new petition attaching a document which he filed in this appeal, but did not attach to the petition at issue.
Among the records which the defendant requested from the police department were results from DNA and fingerprint tests on the weapon.
In response to the request for the test results, the police department filed an un-sworn response stating “None.”
The circuit court issued an order denying the defendant’s petition without an evi-dentiary hearing. However, the court based its denial on its finding that the defendant had not paid the proper fee for the records.
The defendant argues in this appeal that the circuit court erred by denying his petition on the basis that the test results regarding the weapon would be released to him upon payment of the proper fee, when the police department responded it did not possess such records.
We agree with the defendant’s argument. The circuit court’s order is internally inconsistent given that the court denied the defendant’s petition on the basis that the test results regarding the weapon would be released to him upon payment of the proper fee, when the police department responded there was none.
However, we nevertheless affirm the circuit court’s order denying the defendant’s petition. In order to obtain a writ of mandamus, the complaint must contain: “(1) the facts on which the plaintiff relies for *858relief; (2) a request for the relief sought; and (3) if desired, argument in support of the complaint with citations of authority.” Fla. R. Civ. P. 1.630(b) (2016). Additionally, “[wjhen the complaint seeks a writ directed to ... a governmental or administrative agency, a copy of as much of the record is necessary to support the plaintiff’s complaint must be attached.” Id. (emphasis added).
Here, the defendant did not attach to his petition any record to support his petition. Thus, the circuit court’s denial of the petition was correct, albeit for the wrong reason. See Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644 (Fla. 1999) (“[I]f a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the.judgment in the record”).
However, our affirmance is without prejudice. In support of this appeal, the defendant included in his appendix an excerpt of a deposition taken from one of the officers involved in the underlying investigation. In that excerpt, the officer testifies that he “requested that the weapon be processed for latent fingerprints, and the results of that processing was [sic] negative.” That excerpt was not attached to the defendant’s petition or otherwise presented to the circuit court, and thus was not preserved.
If the defendant files a new petition attaching the deposition excerpt, we leave it to the circuit court to decide whether such new petition creates a contested issue requiring an evidentiary hearing. See Hollis v. Massa, 211 So.3d 266, 268 (Fla. 4th DCA 2017) (“Where there is a contested issue regarding whether an official is in possession of the requested materials, it is error for a trial court to deny a petition for writ of mandamus without conducting ah evidentiary hearing.”).
Affirmed without prejudice.
Damoorgian and Forst, JJ., concur.
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Javoney D. Roberts v. State, 235 So. 3d 1001 (Fla. 2d DCA 2017)…ially sufficient petition that attaches a copy of his public records request that he made to the State Attorney’s Office. See Fla. R. Civ. P. 1.630(b); Gilliam v. State, 996 So. 2d 966, 958 (Fla. 2d DCA 2008); Major v. Hallandale Beach Police Dep’t, 219 So. 3d 856, 858 (Fla. 4th DCA 2017); Woodard v. State, 885 So. 2d 444, 445 (Fla. 4th DCA 2004). If Roberts states a facially sufficient claim, then the circuit court must issue an alternative writ of mandamus requiring the State Attorney’s Office to show cause…
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Simei Moreira da Silva v. State (Fla. 4th DCA 2021)…appeal from a final order. When the circuit court denies an original mandamus petition, as opposed to a mandamus petition seeking an appellate remedy, review in this Court is by plenary appeal. See, e.g., Major v. Hallandale Beach Police Dep’t, 219 So. 3d 856 (Fla. 4th DCA 2017). 3 as a private entity, could not be subject to mandamus, because court reporters are officers of the court. “Mandamus is a remedy used to enforce an established legal right by compelling a person in an official capacit…
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Scott v. LEE Cnty. Fla. Sch. Bd. (Fla. 2d DCA 2021)…17) (affirming the final order summarily denying Roberts' petition for writ of mandamus without prejudice to allow his filing a facially sufficient petition that attaches a copy of his public records request); Major v. Hallandale Beach Police Dep't, 219 So. 3d 856, 858 (Fla. 4th DCA 2017) (affirming without prejudice the denial of mandamus relief when no record was attached to support the mandamus petition). In Major, the Fourth District determined that the circuit court reached the correct result but for the…
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
- Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
- Hollis v. Massa, 211 So. 3d 266 (Fla. 4th DCA 2017)