STATE OF FLORIDA, EX REL. B. KAUFMAN, APPELLANT,
v.
RUTH SUTTON, AS JUSTICE OF THE PEACE, IN AND FOR DADE COUNTY, FLORIDA, DISTRICT THREE, APPELLEE
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The court held that accepting a complaint for filing is a ministerial act that the officer must perform if the proper fee is tendered.
Appellant sought a writ of mandamus to compel a Justice of the Peace to accept an unlawful detainer complaint for filing. The Justice of the Peace ref…
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The appellant filed a petition for a writ of mandamus in the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, seeking the issuance of an alternative writ of mandamus commanding Ruth Sutton, as Justice of the Peace of District Three, Dade County, Florida, through her agents to accept the filing of a complaint for unlawful detainer, alleging a cause of action pursuant to § 37.011, Fla. Stat. (1967), F.S.A., averring that said complaint had been tendered to the justice of the peace or her agents and that they had refused to accept same for filing. The trial court refused to issue the alternative writ and this appeal ensued. We reverse.
The acceptance of the filing of a complaint is a mere ministerial act, and the officer charged with the responsibility of receiving same is required to accept what is tendered to him if it is accompanied by the proper fee. Newport v. Culbreath, 120 Fla. 152, 162 So. 340; State ex rel. Druissi v. Almand, Fla.1954, 75 So.2d 905. See also: State v. Quarles, 13 Idaho 252, 89 P. 636; State ex rel. Wanamaker v. Miller, 164 Ohio St. 176, 128 N.E.2d 110; State ex rel. Dawson v. Roberts, 165 Ohio St. 341, 135 N.E.2d 409; Malinou v. McElroy, 99 R.I. 277, 207 A.2d 44. It is not incumbent upon one who has the ministerial function of áccepting the filing of a complaint to judicially determine the legal significance of the tendered document.
By this opinion, we are neither approving nor disapproving the alleged cause of action for unlawful detainer, as this is the judicial function which should first be exercised by the trial judge. Newport v. Culbreath, supra.
Therefore, for the reasons above stated the order here under review, declining to issue the alternative writ of mandamus, is hereby reversed with directions to the trial court to issue the alternative writ and take such other proceedings as are consistent with this opinion.
Reversed and remanded, with directions.
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Outboard Marine Dom. Int'l Sales Corp. & Yatacha C.A. For Use & Benefit of Underwriters at Lloyds of London v. Fla. Stevedoring Corp., 483 So. 2d 823 (Fla. 3d DCA 1986)…fee3 — was completed in this case when the complaint arrived in the clerk’s office in the nick of time on February 28, 1983, the judgment below is Reversed. . Both the lower court and the appellee have relied upon State ex rel. Kaufman v. Sutton, 231 So. 2d 874, 875 (Fla. 3d DCA 1970), to the effect that "[t]he acceptance of the filing of a complaint is a mere ministerial act, and the officer charged with the responsibility of receiving same is required to accept what is tendered to him if it is accompanie…
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Mattson v. Kolhage, 569 So. 2d 1358 (Fla. 3d DCA 1990)…In short, the clerk is obliged to accept motions presented for filing in pending cases. See Outboard Marine Domestic Int’l Sales Corp. v. Florida Stevedoring Corp., 483 So. 2d 823, 823-24 (Fla. 3d DCA 1986); see also State ex rel. Kaufman v. Sutton, 231 So. 2d 874, 875 (Fla. 3d DCA 1970) (as qualified in Outboard Marine ). See generally State ex rel. Druissi v. Almand, 75 So. 2d 905, 906-07 (Fla.1954); Ferlita v. State, 380 So. 2d 1118, 1119 (Fla. 2d DCA 1980). The memorandum directed to the clerk was impermi…
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Wada Sue Becktell v. Heath, 308 So. 2d 647 (Fla. 4th DCA 1975)…njunction with the taking of discovery depositions in criminal cases. The receipt of tendered pleadings and other papers in pending litigation by the clerk of a court is a ministerial duty devoid of any discretion. Kaufman v. Sutton, Fla.App. 1970, 231 So. 2d 874. By statute the clerk is mandated to “keep all papers filed in his office with the utmost care and security . . ..” § 28.13, F.S. 1973. Rule 3.220 (d)RCrP, provides in part that “The trial court or its clerk shall, upon application, issue subpoenas…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Nicolino Druissi v. Almand, 75 So. 2d 905 (Fla. 1954)
- Mrs. B. E. Newport v. Chas. E. Culbreath, 120 Fla. 152 (Fla. 1935)