Legal Opinion

Washington v. Am. Homes 4 Rent Props. Six, LLC

District Court of Appeal of Florida

Decided December 31, 2018No. CASE NO.: 2D18-3936Published

1Opinion of the Court

Petitioner's motion for clarification is granted and this court's order of October 24, 2018, is hereby vacated. The petition for writ of mandamus is denied because Petitioner could have sought review of the circuit court's order by petition for writ of certiorari. See Fla. R. App. P. 9.030(b)(2)(B) ; Marion County v. Kirk, 965 So. 2d 330, 332 (Fla. 5th DCA 2007) ("When a matter is open to review by certiorari, mandamus is an inappropriate remedy."); Sturdivant v. Blanchard, 422 So. 2d 1028, 1029 (Fla. 1st DCA 1982) (holding that mandamus could not be used to challenge a circuit court's denial…

2Cases cited2 opinions

  1. Marion County v. KirkDistrict Court of Appeal of Florida · 2007
  2. Sturdivant v. BlanchardDistrict Court of Appeal of Florida · 1982

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