PHILLIP J. SHEA, APPELLANT,
v.
SHERIFF RON COCHRAN AND BROWARD COUNTY SHERIFFS OFFICE, APPELLEES
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Appellant Shea sought a writ of mandamus to compel the Broward County Sheriff to release records, claiming the Sheriff had a clear legal duty to do so. The court affirmed dismissal of the mandamus petition, holding that mandamus was an inappropriate remedy because the Sheriff's refusal was discretionary (based on an ongoing criminal investigation) rather than a failure to perform a ministerial act, and the appellant had an adequate remedy under the Public Records Act.
Mandamus is not an appropriate remedy because the Sheriff's refusal to produce the records was based on a discretionary decision (citing an ongoing investigation), not a failure to perform a ministerial duty. Instead, appellant has an adequate legal remedy under the Public Records Act, section 119.11, Florida Statutes, which provides for an accelerated hearing to determine whether the agency properly refused to produce the record.
[1] A writ of mandamus is appropriate to compel the performance of a ministerial act that an agency has a clear legal duty to perform.
[2] A duty or act is ministerial when there is no room for the exercise of discretion and the performance is directed by law.
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Join FLexlaw to unlock all legal intelligence“Mandamus is an appropriate remedy to compel the performance of a ministerial act that an agency has the clear legal duty to perform.”
Establishes the standard for when mandamus is available as a remedy.
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Join FLexlaw to unlock all legal intelligenceAppellant Shea requested records from the Broward County Sheriff's Office. The Sheriff refused to comply with the records request, citing that the rec…
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PER CURIAM.
We affirm the trial court’s dismissal of appellant’s request for issuance of a writ of mandamus against the Sheriff of Broward County because the pleading did not demonstrate a prima facie case for mandamus relief. See Fla.R.Civ.P. 1.630(d).
Mandamus is an appropriate remedy to compel the performance of a ministerial act that an agency has the clear legal duty to perform. See Town of Manalapan v. Redder, 674 So. 2d 789, 790 (Fla. 4th DCA 1996). “A duty or act is defined as ministerial when there is no room for the exercise of discretion, and the performance being required is directed by law.” Id.
Based on the factual allegations of appellant’s pleading, mandamus was an inappropriate remedy because the Sheriff provided a specific reason for refusing to comply with appellant’s records request, claiming the records were part of an ongoing criminal investigation. Cf. Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996); Quigley v. Satz, 596 So. 2d 753 (Fla. 4th DCA 1992).
Appellant has an adequate legal remedy for expeditiously obtaining relief pursuant to the Public Records Act, section 119.11, Florida Statutes (1995). Section 119.11 provides for an accelerated hearing so that the trial court can determine whether or not the agency properly refused to produce the record, but appellant must first serve a complaint on the appropriate agency. Neither the trial court’s order, which dismissed appellant’s petition without prejudice, nor this court’s opinion prevent appellant from pursuing his request pursuant to these provisions of the Public Records Act.
WARNER, PARIENTE and STEVENSON, JJ., concur.
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Poole v. City OF Port Orange & MHK of Volusia, 33 So. 3d 739 (Fla. 5th DCA 2010)…such appraisal, offer, and counteroffer.... .Even if Poole had failed to allege a clear legal duty on the part of the City to produce the appraisals, Count II would still state a cause of action albeit not for mandamus. See, e.g., Shea v. Cochran, 680 So. 2d 628 (Fla. 4th DCA 1996) (where mandamus was inappropriate remedy because sheriff provided specific reason for refusing to comply with appellant's records request, appellant had adequate legal remedy for expeditiously obtaining relief pursuant to Florida…
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Rhea v. The Dist. Bd. OF Trs. OF Santa FE Coll., 109 So. 3d 851 (Fla. 1st DCA 2013)….” Town of Manalapan v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA 1996). For purposes of mandamus relief, a duty or act is ministerial when no room exists for the exercise of discretion and the law directs the required performance. Shea v. Cochran, 680 So. 2d 628, 629 (Fla. 4th DCA 1996). Applied to the instant case, the law of mandamus required the trial court to determine whether Rhea alleged sufficient facts to state a claim that he has a clear legal right to the unredacted copy of the e-mail and that the…
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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)…t’l v.2000 Island Boulevard, Inc., 698 So. 2d 309, 312 (Fla. [*731] 3d DCA 1997). “A duty or act is defined as ministerial when there is no room for the exercise of discretion, and the performance being required is directed by law.” Shea v. Cochran, 680 So. 2d 628, 629 (Fla. 4th DCA 1996) (quoting Town of Manalapan v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA 1996)). Mandamus is available only to “enforce an established legal right ... not to establish that right.” Morse Diesel Int’l, 698 So. 2d at 312; acc…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Town OF Manalapan v. Morton Rechler and Beverly Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996)
- Quigley v. Satz, 596 So. 2d 753 (Fla. 4th DCA 1992)