Legal Opinion

Rhoades v. Sweet

District Court of Appeal of Florida

Decided April 17, 1973No. 72-1076PublishedCited by 2 opinions

1Per curiam

The appellants were petitioners in a mandamus proceeding in the circuit court. The circuit judge denied the petition for a writ of mandamus and this appeal followed. The appellants have failed to show error because mandamus is a discretionary writ which will issue only upon the showing of a clear legal right in the relator to the performance of a ministerial act. See State ex rel. Eichenbaum v. Cochran, Fla.1959, 114 So.2d 797. See also State ex rel. Long v. Carey, 121 Fla. 515, 164 So. 199 (1935).

Affirmed.

2Cases cited2 opinions

  1. State Ex Rel. Long v. CareySupreme Court of Florida · 1935
  2. State Ex Rel. Eichenbaum v. CochranSupreme Court of Florida · 1959

3Cited by2 opinions

  1. Miller v. CarsonDistrict Court, M.D. Florida · 1981
  2. Town of Palm Beach v. State ex rel. SteinhardtDistrict Court of Appeal of Florida · 1975