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ProveMyFloridaCase.com > Posts tagged "ministerial duty"

Petition for Writ of Mandamus – Directing Trial Court to Take Action

“To be entitled to mandamus relief, the petitioner must demonstrate a clear legal right to the performance of a ministerial duty.”  “A ministerial duty is one where there is no room for the exercise of discretion, and the performance being required is directed by law.”  Further, “[a] writ of mandamus may issue to require a timely ruling on a matter pending before a lower tribunal.”  If an appellate court issues a writ of mandamus, it merely “directs the trial court to take action, but does not decide the merits.”  Griffin Windows and Doors, LLC v. Pomeroy, 47 Fla.L.Weekly D2013b (Fla. 3d...

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