Fraternal Order of Police v. Odio

District Court of Appeal of Florida

Fraternal Order of Police v. Odio

491 So. 2d 339, 11 Fla. L. Weekly 1594, 1986 Fla. App. LEXIS 9011

CourtDistrict Court of Appeal of Florida

DecidedJuly 22, 1986

DocketNo. 86-59

StatusPublished

Cited by3 cases

This text of 491 So. 2d 339 (Fraternal Order of Police v. Odio) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fraternal Order of Police v. Odio, 491 So. 2d 339, 11 Fla. L. Weekly 1594, 1986 Fla. App. LEXIS 9011 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Appellants challenge the trial court’s issuance of a final order denying a petition for writ of mandamus and a request for temporary injunction. A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable ministerial duty on the part of the respondent, and the absence of another adequate remedy. Department of Health & Rehabilitative Services v. American Healthcorp, 471 So.2d 1312, 1314 (Fla. 1st DCA 1985); State ex rel. Blatt v. Panelfab International Corp., 314 So.2d 196, 198 (Fla. 3d DCA 1975); City of Miami v. Rezeau, 129 So.2d 432 (Fla. 3d DCA), cert. denied, 133 So.2d 646 (Fla.1961). Our review of the record, applicable case law, and the pertinent sections of the Civil Service Rules and Regulations and the Charter of the City of Miami reveals that appellants failed to prove the existence of even one of these three factors. Finding no merit in the remaining issues, we affirm.

Affirmed.

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PER CURIAM.

Appellants challenge the trial court’s issuance of a final order denying a petition for writ of mandamus and a request for temporary injunction. A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable ministerial duty on the part of the respondent, and the absence of another adequate remedy. Department of Health & Rehabilitative Services v. American Healthcorp, 471 So.2d 1312, 1314 (Fla. 1st DCA 1985); State ex rel. Blatt v. Panelfab International Corp., 314 So.2d 196, 198 (Fla. 3d DCA 1975); City of Miami v. Rezeau, 129 So.2d 432 (Fla. 3d DCA), cert. denied, 133 So.2d 646 (Fla.1961). Our review of the record, applicable case law, and the pertinent sections of the Civil Service Rules and Regulations and the Charter of the City of Miami reveals that appellants failed to prove the existence of even one of these three factors. Finding no merit in the remaining issues, we affirm.

Affirmed.

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Bluebook (online)

491 So. 2d 339, 11 Fla. L. Weekly 1594, 1986 Fla. App. LEXIS 9011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraternal-order-of-police-v-odio-fladistctapp-1986.

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