Brooks v. City of West Miami

SWANN, Judge.

The plaintiffs below appeal from a final judgment for the City of West Miami, Florida. The final judgment denied plaintiffs’ request for a peremptory writ of mandamus; discharged the alternative writ of mandamus previously issued and denied the counterclaim of the City of West Miami without prejudice. Plaintiffs have appealed and the City has cross-assigned as error the order denying its counterclaim without prejudice.

The right to the writ of mandamus sought by plaintiffs was not clear and certain. The right in question was doubtful and depended upon a determination of…