Rafael Toirac-Aguilera v. City of Miami

• Court: District Court of Appeal of Florida
• Decided: October 22, 2025
• Docket: 3D2025-1896
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 22, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-1896 Lower Tribunal No. F09-40479 ________________

Rafael Toirac-Aguilera, Petitioner,

vs.

City of Miami, Respondent.

A Case of Original Jurisdiction—Mandamus.

Rafael Toirac-Aguilera, in proper person.

George K. Wysong, III, City Attorney, for respondent.

Before LOGUE, LINDSEY, and MILLER, JJ.

MILLER, J. Petitioner, Rafael Toirac-Aguilera, an incarcerated prisoner, seeks a

writ of mandamus directing respondent, City of Miami, to produce the

investigative records that precipitated his arrest and later conviction for first-

degree murder, in violation of sections 782.04(1) and 775.087, Florida

Statutes (2009). For the reasons below, we deny the petition.

Toirac-Aguilera forwarded multiple requests to the Miami-Dade Police

Department seeking the production of materials under Florida’s Public

Records Act, codified in chapter 119, Florida Statutes (2024). Miami-Dade

responded to the requests, stating that the case number provided involved

records maintained by City of Miami. Although Miami-Dade provided Toirac-

Aguilera with the relevant contact information, there is no record showing

any request propounded on City of Miami.

It is axiomatic that mandamus is the proper vehicle for compelling an

official or agency to perform a lawful duty. See Anthony v. State, 277 So. 3d

223, 225 (Fla. 2d DCA 2019). A petitioner seeking a writ of mandamus must

demonstrate “a clear legal right to performance of the act requested, an

indisputable legal duty, and no adequate remedy at law.” Stern v. City of

Miami Beach, 359 So. 3d 1209, 1211 (Fla. 3d DCA 2023) (citing Smith v.

State, 696 So. 2d 814, 815 (Fla. 2d DCA 1997)). In the instant case, Toirac-

2 Aguilera has failed to make the requisite showing for this remedy as he must

first request the records from the proper agency.

Petition dismissed.