JESUS FERNANDEZ AND ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION, PETITIONERS,
v.
FRANCISCO AROCHA, RESPONDENT

Fla. | 1975-09-03
No. 47046
ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.
320 So. 2d 389 Florida Supreme Court (1975) Positive Treatment
Cited by 3 cases

Opinion of the Court

Certiorari denied. 308 So. 2d 45.

ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.


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  • PCA Life Ins. Co. v. Metropolitan-Dade Cnty., 682 So. 2d 1102 (Fla. 3d DCA 1995)
    …pel the county to execute a contract. Mandamus is not available to compel an act which involves the “exercise of discretion or judgment.” State of Florida ex rel. Zuckerman-Vemon Corp. v. City of Miramar, 306 So. 2d 173 (Fla. 4th DCA), cert. denied, 320 So. 2d 389 (1975). Because the selection of PCA was not the award of a contract, but rather the selection of a party with whom the county would negotiate, PCA would not be entitled to a writ of mandamus. Affirmed. HERSEY, GEORGE W. and STONE, BARRY J., Assoc…
  • DeNIGRIS v. City OF Fort Lauderdale, 518 So. 2d 469 (Fla. 4th DCA 1988)
    …filing a petition for certiorari within thirty days, pursuant to Florida Rule of Appellate Procedure 9.100(c). City of Hollywood v. Litteral; State ex rel. Zuckerman-Vernon Corp. v. City of Miramar, 306 So. 2d 173 (Fla. 4th DCA 1974), cert. denied, 320 So. 2d 389 (Fla.1975). The act of convening a hearing when required by the agency’s rules is a ministerial act. See City of Tarpon Springs v. State ex rel. Meister, 392 So. 2d 1345 (Fla. 2d DCA 1980). However, here the board was required to interpret the lang…
  • Biddulph v. Mortham, 89 F.3d 1491 (11th Cir. 1996)
    …s and defines [a duty] with such precision and certainty as to leave nothing to the exercise of discretion or judgment”) (quoting State ex rel. Zuckerman-Vernon Corp. v. City of Miramar, 306 So. 2d 173, 175 (Fla. 4th Dist.Ct.App.1974), cert. denied, 320 So. 2d 389 (Fla.1975)). . Biddulph argues that the state must "narrowly tailor any restrictions it imposes upon” the initiative process and "avoid unnecessary impediments.” Appellant’s Brief at 36. Biddulph further contends that Florida "may not abridge First…

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