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Filing # 77489936 E-Filed 09/05/2018 09:18:44 PM

IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY

WILLIAM DOUGLAS MUIR, an individual.
Plaintiff/Appellant, 1 CASE NO. 18-23224 CA 30

v.

CITY OF MIAMI, a Florida Municipal Corporation,
FRANCIS SUAREZ, Mayor, City of Miami,
EMILIO T. GONZALEZ, City Manager, City of Miami,
VICTORIA MENDEZ, City Attorney, City of Miami,
KEON HARDEMON, Chairman, City of Miami Commission,
KEN RUSSELL, Vice Chairman, City of Miami Commission,
JOE CARROLLO, Commissioner, City of Miami Commission,
WILFREDO GORT, Commissioner, City of Miami Commission,
MANOLO REYES, Commissioner, City of Miami Commission
CHRISTINA WHITE, Supervisor of Elections, Miami-Dade County
MIAMI FREEDOM PARK, LLC, a Delaware Limited Liability Company, Intervenor

Defendants/Appellees. 2
____________________________________________________ /

1
“The Plaintiff or petitioner, formerly called the relator, is the person seeking to have the duty
performed.” “The defendant is the person…or public officer or governmental entity sought to be
coerced by the duty.” “The designation of the party seeking relief in the caption and
commencement was formerly “The State of Florida ex rel. A.B.” This form was proper when the
right to be enforced was a public one, as distinct from a private right. Now the parties are the same
as in other actions.” Trawick, Henry P. Trawick’s Florida Practice and Procedure § 36:4, 62
(Thomson Reuters, 2018). Fla. R. Civ. P. 1.630(b)(3)( “The caption shall show the action filed in
the name of the plaintiff in all cases and not on the relation of the state.”)
2
Where several distinct ministerial duties are to be performed by different persons or boards as a
means to an end, so as to preserve the integrity and unity of the performance of the entire duty, all
those persons may be joined in one writ of mandamus when no provisions or fundamental
principles of law are violated. 35 Fla. Jur. Mandamus and Prohibition § 120 (2012), at 478, n. 2
(citing State ex rel. Clendinen v. Dekle, 173 So. 2d 452 (quoting State ex rel. Knott v. Haskell,
Fla. 1916, 72 Fla. 176, 72 So. 651.) In an action for a writ of mandamus against a board of officials,
all members of a board are necessary parties. 35 Fla. Jur. Mandamus and Prohibition, (2012) §
125, at 480, n. 1 (citing State ex rel. City of St. Petersburg v. Pinellas County, 119 Fla. 539, 161
So. 66 (1935); State ex rel. Davis v. Lee, 116 Fla. 726, 156 So. 744 (1934); State ex rel. Crane v.
City of Lakeland, 116 Fla. 713, 157 So. 926 (1934).) “All of the members of a public board or
commission should be made defendants unless it is a body corporate.” Seminole County v.State,
93 Fla. 929, 112 So. 616; Id. “If several persons must perform the duty sought to be enforced, all
of them must be joined as defendants.” State ex. Rel. Simmons v. Harris, 119 Fla. 375, 161 So.
374 (1934).
NOTICE OF APPEAL

NOTICE IS GIVEN that the PLAINTIFF/APPELLANT, WILLIAM DOUGLAS MUIR,

on behalf of the public, appeals to the District Court of Appeal for the Third District, the final

order of this Court rendered August 15, 2018 pursuant to Fla. R. App. P. 9.110. Conformed copies

of the final order of the trial court and the court’s order denying Plaintiff/Appellant’s timely August

29, 2018 Motion for Rehearing rendered August 31, 2018 are attached.

The nature of the order appealed is a final order denying with prejudice

Plaintiff/Appellant’s Amended Complaint/Alternative Writ of Mandamus and quashing the

alternative writ.

CERTIFICATE OF SERVICE

IT IS HEREBY CERTIFIED that a true and correct copy of the above and foregoing,

pursuant to Fla. R. Judicial Admin. 2.516, was on this day furnished to the above-captioned

Defendants (excluding Christina White, Miami-Dade Supervisor of Elections) through counsel

through their designated email addresses, via the Florida E-Filing portal.

DATED: SEPTEMBER 5, 2018
Respectfully submitted,
S/William Douglas Muir
WILLIAM D. MUIR
FL Bar No. 102766
Mailing address:
3855 Stewart Ave
Miami, FL 33133
305-667-1767
305-608-8954 (Mobile)
douglas@muirlaw.miami
wdmuir@gmail.com.