Mandamus is used to enforce an established legal right by compelling a public officer or agency to perform a duty required by law.

Writ of mandamus may also be used against an officer or director of a private corporation and a trustee common, guardian, or personal representative of an estate, as long as the officials charged by law with performing the duties sought to be compelled.

That legal duty must be ministerial, and not discretionary, and the party seeking the writ must have a clear legal right to compel performance of the act.

There are more requirements. Please see our website at jscappeal.com for more details.

CITATIONS:

Fla. R. App. P. 9.100

Town of Manalapan v. Rechler, 674 So.2d 789 (Fla. 4th DCA 1996)

King v. State, 665 So.2d 377 (Fla. 4th DCA 1996)

Allston v. State, 685 So.2d 1312 (Fla. 2d DCA 1996)

Adams v. State, 560 So.2d 321 (Fla. 1st DCA 1990)

Puckett v. Gentry, 577 So.2d 965 ((Fla.5th DCA 1991)

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