EVERARD T. KNOWLES, APPELLANT,
v.
FLORIDA CITY, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND RICHARD SCHMUNK, CITY MANAGER OF SUCH CITY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a former city employee seeking reinstatement through a writ of mandamus. The appellate court affirmed the trial court's decision to deny the writ, finding the employee did not have a clear legal right to the position.
No, the trial court did not err in refusing to issue the writ of mandamus because the appellant failed to demonstrate a clear legal right to the relief sought.
“The trial court found that the appellant was discharged with the knowledge and consent of the appropriate authority of the City, to wit: the City Manager, negating any showing of a clear legal right in the appellant to secure the position he sought by mandamus.”
This quote establishes the trial court's factual finding that the discharge was authorized, which is central to the legal conclusion.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant, Everard T. Knowles, filed a mandamus proceeding against Florida City and its City Manager, Richard Schmunk. Knowles alleged he was wrongful…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clear Legal Right cases and more on FLexlaw
Appellant instituted a mandamus proceedings in the trial court to recover a position with the appellee City, from which he alleged he had been discharged by one without authority. The trial court found that the appellant was discharged with the knowledge and consent of the appropriate authority of the City, to wit: the City Manager, negating any showing of a clear legal right in the appellant to secure the position he sought by mandamus.
Without a clear legal right to the relief sought by mandamus, the trial judge was. correct in refusing to issue the peremptory writ. See: State v. Cochran, Fla.1959, 114 So.2d 797; Ferris v. Board of Public Instruction of Sumter County, Fla.App.1960, 119 So.2d 389; State v. McNayr, Fla.1961, 133 So.2d 312; 21 Fla.Jur., Mandamus, § 29. No error having been made to appear, the action of the trial court is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel. Jay G. Glynn & Betty Glynn v. McNAYR, 133 So. 2d 312 (Fla. 1961)
- State of Fla. ex rel. Alfred Eichenbaum v. Cochran, 114 So. 2d 797 (Fla. 1959)
- Ferris v. Bd. OF Pub. Instruction OF Sumter Cnty., 119 So. 2d 389 (Fla. 2d DCA 1960)