Legal Opinion

Allen v. School Board of Broward County

District Court of Appeal of Florida

Decided April 6, 1988No. Nos. 87-0307, 87-0320PublishedCited by 2 opinions

1Opinion of the Court

HERSEY, Chief Judge.

Appellants seek review of the lower court’s final judgment for peremptory writ of mandamus in favor of the School Board of Broward County. We reverse.

Mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a clear legal duty to perform. Fair v. Davis, 283 So.2d 377 (Fla. 1st DCA 1973).

[M]andamus is a discretionary writ that is awarded, not as a matter of right, but in the exercise of a sound judicial discretion and upon equitable principles. If the issuance of the writ will not promote substantial…

2Cases cited3 opinions

  1. Hittel v. RosenhagenDistrict Court of Appeal of Florida · 1986
  2. City of Deland v. State Ex Rel. WattsDistrict Court of Appeal of Florida · 1982
  3. Fair v. DavisDistrict Court of Appeal of Florida · 1973

3Cited by2 opinions

  1. Litvak v. Scylla Properties, LLCDistrict Court of Appeal of Florida · 2006
  2. Hessen v. Metropolitan Dade CountyDistrict Court of Appeal of Florida · 1990

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