Hess ex rel. Hess v. Metropolitan Dade County

District Court of Appeal of Florida

Hess ex rel. Hess v. Metropolitan Dade County

447 So. 2d 267, 1983 Fla. App. LEXIS 24229

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1983

DocketNo. 83-2061

StatusPublished

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This text of 447 So. 2d 267 (Hess ex rel. Hess v. Metropolitan Dade County) 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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Hess ex rel. Hess v. Metropolitan Dade County, 447 So. 2d 267, 1983 Fla. App. LEXIS 24229 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Michele Hess and her parents seek to invoke this court’s original mandamus jurisdiction pursuant to article V, section 4(b)(3), Florida Constitution (1980), and Florida Rule of Appellate Procedure 9.100. This action stems from a judgment awarded petitioners in the total amount of $365,-400 plus costs in a negligence action against Dade County. The county satisfied the judgment to the extent authorized by section 768.28(5), Florida Statutes (1981), by making payment of $100,000 to the petitioners. Thereafter the Legislature of the State of Florida enacted chapter 83-393, 1983 Fla.Laws 117, directing payment by the county of an additional sum of $270,-329.95 to satisfy the total judgment. The county refused to pay the additional sum.

A writ of mandamus will be granted only when there is no other adequate remedy available to a petitioner. Shevin ex rel. State v. Public Service Commission, 333 So.2d 9 (Fla.1976); State ex rel. Long v. Carey, 121 Fla. 515, 164 So. 199 (1935); School Board of Lee County v. Malbon, 341 So.2d 523 (Fla. 2d DCA 1977); Laundry Public Health Committee v. Board of Business Regulation, 235 So.2d 346 (Fla. 1st DCA 1970). Because there are other adequate remedies available to the petitioner we decline to issue the writ. In so doing we do not reach the merits of the petition, but hold only that the availability of alternative relief precludes resort to the extraordinary writ of mandamus in this court. See Carey.

Petition denied.

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PER CURIAM.

Michele Hess and her parents seek to invoke this court’s original mandamus jurisdiction pursuant to article V, section 4(b)(3), Florida Constitution (1980), and Florida Rule of Appellate Procedure 9.100. This action stems from a judgment awarded petitioners in the total amount of $365,-400 plus costs in a negligence action against Dade County. The county satisfied the judgment to the extent authorized by section 768.28(5), Florida Statutes (1981), by making payment of $100,000 to the petitioners. Thereafter the Legislature of the State of Florida enacted chapter 83-393, 1983 Fla.Laws 117, directing payment by the county of an additional sum of $270,-329.95 to satisfy the total judgment. The county refused to pay the additional sum.

A writ of mandamus will be granted only when there is no other adequate remedy available to a petitioner. Shevin ex rel. State v. Public Service Commission, 333 So.2d 9 (Fla.1976); State ex rel. Long v. Carey, 121 Fla. 515, 164 So. 199 (1935); School Board of Lee County v. Malbon, 341 So.2d 523 (Fla. 2d DCA 1977); Laundry Public Health Committee v. Board of Business Regulation, 235 So.2d 346 (Fla. 1st DCA 1970). Because there are other adequate remedies available to the petitioner we decline to issue the writ. In so doing we do not reach the merits of the petition, but hold only that the availability of alternative relief precludes resort to the extraordinary writ of mandamus in this court. See Carey.

Petition denied.

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447 So. 2d 267, 1983 Fla. App. LEXIS 24229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hess-ex-rel-hess-v-metropolitan-dade-county-fladistctapp-1983.

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