Washington v. Am. Homes 4 Rent Props. Six, LLC

262 So. 3d 728
District Court of Appeal of Florida·Decided December 31, 2018·No. CASE NO.: 2D18-3936·Published

Opinion

Petitioner's motion for clarification is granted and this court's order of October 24, 2018, is hereby vacated. The petition for writ of mandamus is denied because Petitioner could have sought review of the circuit court's order by petition for writ of certiorari. See Fla. R. App. P. 9.030(b)(2)(B) ; Marion County v. Kirk, 965 So. 2d 330, 332 (Fla. 5th DCA 2007) ("When a matter is open to review by certiorari, mandamus is an inappropriate remedy."); Sturdivant v. Blanchard, 422 So. 2d 1028, 1029 (Fla. 1st DCA 1982) (holding that mandamus could not be used to challenge a circuit court's denial of a habeas petition because the order could have been appealed).

CASANUEVA, CRENSHAW, and BLACK, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Washington v. Am. Homes 4 Rent Props. Six, LLC, 262 So. 3d 728 (Fla. Ct. App. 2018).

262 So. 3d 728 (Washington v. Am. Homes 4 Rent Props. Six, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Marion County v. Kirk
965 So. 2d 330 (District Court of Appeal of Florida, 2007)
Sturdivant v. Blanchard
422 So. 2d 1028 (District Court of Appeal of Florida, 1982)