DOROTHY RHOADES ET AL., APPELLANTS,
v.
NELAN J. SWEET, IN HIS OFFICIAL CAPACITY AS JUDGE OF THE MUNICIPAL COURT OF THE CITY OF MIAMI BEACH, FLORIDA, APPELLEE
DOROTHY RHOADES ET AL., APPELLANTS,
NELAN J. SWEET, IN HIS OFFICIAL CAPACITY AS JUDGE OF THE MUNICIPAL COURT OF THE CITY OF MIAMI BEACH, FLORIDA, APPELLEE
276 So. 2d 221
Florida District Court of Appeal, Third District (1973)
Positive Treatment
Cited by 3 cases
Opinion of the Court
The appellants were petitioners in a mandamus proceeding in the circuit court. The circuit judge denied the petition for a writ of mandamus and this appeal followed. The appellants have failed to show error because mandamus is a discretionary writ which will issue only upon the showing of a clear legal right in the relator to the performance of a ministerial act. See State ex rel. Eichenbaum v. Cochran, Fla.1959, 114 So.2d 797. See also State ex rel. Long v. Carey, 121 Fla. 515, 164 So. 199 (1935).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Town OF Palm Beach v. State ex rel. Milton F. Steinhardt, 318 So. 2d 193 (Fla. 4th DCA 1975)…s interpretation of the Town’s Ordinance and because Mr. Steinhardt did not establish a clear legal right to the issuance of a paving permit and the writ commanding same. State ex rel. Lacedonia v. Harvey, 68 So. 2d 817 (Fla.1953); Rhoades v. Sweet, 276 So. 2d 221 (3d DCA Fla.1973). We reverse and remand with respectful instructions to quash the peremptory writ of mandamus. Reversed and remanded. CROSS and DOWNEY, JJ., concur. . Mr. Steinhardt has argued that the new modification in the Town Code of the b…
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Topp Imp. & Exp., Inc. v. The Home Ins. Co., 284 So. 2d 214 (Fla. 1973)…ERVIN, Justice (dissenting) : The District Court, Fla.App., 276 So. 2d 221, construed the subject insurance policy against the insured holding that the coverage did not insure against loss to import shipments. The shipments in question had been brought by vessel into the United States at Seattle, Washington in foreign comm…
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Miller v. Carson, 524 F. Supp. 1174 (M.D. Fla. 1981)
Authorities Cited
- State v. Carey, 121 Fla. 515 (Fla. 1935)
- State of Fla. ex rel. Alfred Eichenbaum v. Cochran, 114 So. 2d 797 (Fla. 1959)