GABRIELLE NASH ET AL., APPELLANTS,
v.
MELVIN J. RICHARD, MAYOR AND COUNCILMAN OF THE CITY OF MIAMI BEACH, FLORIDA, ET AL., APPELLEES
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The appellate court affirmed the lower court's order quashing the writ of mandamus and dismissing the petition. The petition failed to show the City Council refused to perform a clear legal duty.
Appellants petitioned for a writ of mandamus, alleging the City Council declared they would not submit 'Fair Play Amendments' to electors. The trial c…
The full statement of facts, procedural history, and disposition for this case are member content.
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The order quashing the alternative writ of mandamus and dismissing appellants’ petition1 is affirmed because it does not appear from the petition that the City Council of the City of Miami Beach *625failed or refused to perform a clear legal duty prior to the filing of the petition. Howell v. State, 54 Fla. 199, 45 So. 453. The petition alleges:
“7. That the majority of the individual Respondents, including Melvin J. Richard as Mayor of the City of Miami Beach, have openly declared that they will not submit the ‘Fair Play Amendments’ to the qualified electors of Miami Beach, Florida.”
An inclination or an intention not to do an official act may not be reached by mandamus. The governing body of a municipal corporation acts validly only in duly authorized and constituted meetings. Turk v. Richard, Fla.1950, 47 So.2d 543; Beck v. Littlefield, Fla.1953, 68 So.2d 889.
Affirmed.
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Cited By
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Miami-Dade Cnty. Bd. OF Cnty. Comm'rs v. AN Accountable Miami-Dade, 208 So. 3d 724 (Fla. 3d DCA 2016)…ugust 26, 2016. . The Supervisor of Elections, Christina White, submitted an affidavit attesting to this fact, . Pursuant to Section 8.01(3), the Board the County Commission had until September 1, 2016 to order the canvass. . See Nash v. Richard, 166 So. 2d 624, 625 (Fla. 3d DCA 1964). . The record indicates that over $400,000 in taxpayer funds were expended in expediting the canvass. . The Court takes judicial notice of the video of the August 22, 2016 special Board meeting ( http://miamidade.gov/wps/po…
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Nash v. Richard, 174 So. 2d 611 (Fla. 3d DCA 1965)…t earlier, within the 120-day period allowed for election, in which it was alleged the majority of the council had “openly declared” they would not submit the matter to the electors. The dismissal thereof was appealed to this court, and we affirmed (166 So. 2d 624) on the ground that the application for mandamus, made before the time to hold the election had expired, was premature, saying (at 624-625) : “The order quashing the alternative writ of mandamus and dismissing appellants’ petition is affirmed becau…
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Betts v. City of Edgewater, 646 F. Supp. 1427 (M.D. Fla. 1986)…for the existence of the council is as a board of entity and the members of the council can do no valid act except as an integral body. Turk v. Richard, 47 So.2d 543, 543-44 (Fla. 1950) (emphasis in original); see Nash v. Richard, 166 So.2d 624, 625 (Fla. 3d DCA 1964) (per curiam). The Court notes that the four City Council meetings at which action was taken regarding plaintiff’s job were duly noticed and constituted. Accordingly, the four City Council actions concerning plaintiff’s positi…
Authorities Cited
- Beck v. Littlefield, 68 So. 2d 889 (Fla. 1953)
- Turk v. Richard, 47 So. 2d 543 (Fla. 1950)
- Howell v. State, 54 Fla. 199 (Fla. 1907)
- State of Fla. ex rel. Raymond E. Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960)