JOHN K. MCDANIEL, APPELLANT,

v.

CITY OF LAKELAND, A MUNICIPAL CORPORATION, ET AL., APPELLEES

Citator

Cited By

• Rebholz v. Picot B. Floyd, 327 So. 2d 806 (Fla. 2d DCA 1976)
  …287 So. 2d 355. After response by the City and presentation to the trial court, the court can determine whether a clear duty has been established on the City to merit issuance of a peremptory writ. See McDaniel v. City of Lakeland, Fla.App.2d 1974, 304 So. 2d 515. The degree of discretion ordinarily vested in municipal officials in respect to their method and level of enforcement of zoning ordinances is delimited here since the City’s governing body imposed a continuing affirmative duty on these officials t…
• Lew Earle Williams v. Schulman, 721 So. 2d 1244 (Fla. 4th DCA 1998)
  …oney damages arising from the same claim. See Pino v. Dist. Court of Appeal, Third Dist., 604 So. 2d 1232 (Fla.1992) (mandamus is appropriate remedy only where petitioner has no other legal method for obtaining relief); McDaniel v. City of Lakeland, 304 So. 2d 515 (Fla. 2d DCA 1974) (affirming denial of mandamus without prejudice to petitioner’s institution of a separate action for declaratory judgment or for damages to secure the relief he sought in mandamus petition). AFFIRMED. POLEN, SHAHOOD and TAYLOR,…
• Davis v. State, 861 So. 2d 1214 (Fla. 2d DCA 2003)
  …must show that the petitioner has a clearly established legal right to have the respondent public officer perform a nondiscretionary duty. State ex rel. Buckwalter v. City of Lakeland, 112 Fla. 200, 150 So. 508 (1933); McDaniel v. City of Lakeland, 304 So. 2d 515 (Fla. 2d DCA 1974). The law is clear that an indigent defendant is entitled to his criminal trial transcripts, including depositions, prepared at public expense and that a writ of mandamus is a proper means to compel a public defender to furnish a d…