12/23/2019 Attorney for Writ of Mandamus in Tampa, FL

SAMMIS LAW FIRM 1005 N. Marion St. 813.250.0500

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Writ ofJASONMandamus
D. SAMMIS LESLIE M. SAMMIS MATTHEW MENENDEZ AMANDA BRUNSON MEET THE STAFF
County of
Hillsborough
Arrest

Under Florida law, the term “mandamus” is de ned as a remedy to command performance
CASE RESULTS Message TRACK YOUR CASE
of a ministerial act that the person deprived has a right to demand, or a remedy where Brie y describe your legal situation
public o cials or agencies may be coerced to perform ministerial duties that they have a
clear legalDUI
duty
CASEtoRESULTS
perform. FORFEITURE RESULTS HTO CASE RESULTS FELONY / MISDEMEANOR CASE RESULTS
I understand that submission of an online form does
A duty or act is de ned as a ministerial when there is no room for the exercise of discretion not constitute an attorney‑client relationship. *
and the performance being required is directed by law.
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The writ of mandamus is intended to accomplish certain limited functions and not to Submit

redress every grievance

HILLSBOROUGH or disagreement.
COUNTY Relief
HERNANDO is availableMANATEE
COUNTY only where the pleader
COUNTY asserts
PASCO COUNTY PINELLAS COUNTY POLK COUNTY
a clear legal right to the performance of a clear legal duty by a public o cer and that he SCHEDULE A CONSULTATION
has no other legal remedies available to him.
Call us to schedule a time
CONTACT
In order forUS
a court to issue a writ of mandamus, a person bringing the petition must to talk with the attorneys
establish that he has a clear legal right to the performance of a clear legal duty by a public in the of ce or over the
phone.
o cer and that he has no other legal remedies available to him.
Of ce: 813.250.0500
Attorney for Writ of Mandamus in Florida Fax: 813.276.1600

If your case involves the ling of a writ of mandamus, then contact an experienced criminal
CONTACT OUR OFFICE
appellate attorney in Florida at the Sammis Law Firm.
Sammis Law Firm
We have o ces conveniently located in downtown Tampa, FL, and in New Port Richey, FL. 1005 N. Marion St.
Tampa, FL 33602
We can help you le a petition for a writ of mandamus or defend against such an action » Get Directions
depending on the circumstances. We ght cases throughout the State of Florida.

Our criminal defense attorneys are experienced in a wide variety of appellate issues
including ling direct appeals, post-conviction motions, petitions for writ of certiorari,
petitions for writ of mandamus, and petitions for habeas corpus when a person is being MEET OUR ATTORNEYS
illegally detained.

Contact us for a free consultation. Call (813) 250-0500. Jason D. Sammis

With more than 20 years
experience, Jason is a graduate of
Limitations of the Writ of Mandamus the Florida College of Law
OUR FIRM CALL Graduate...
CONTACT
It is well-settled under Florida law that mandamus cannot be used to:
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12/23/2019 Attorney for Writ of Mandamus in Tampa, FL

seek review of an allegedly erroneous decision by another court; Read more 

mandate the doing or undoing of a discretionary act;
control the manner in which another court shall act in the lawful exercise of its
jurisdiction;
direct the manner in which the lower court should act, although it may be used to
compel a lower court to act in the exercise of its lawful jurisdiction; and
circumvent the constitutional restrictions on the Florida Supreme Court’s jurisdiction
to review certain types of district court of appeal decisions by extraordinary writ. Leslie M. Sammis
Focused on DUI Defense for more
than 15 years. Former Assistant
Requirements for the Petition for a Writ of Mandamus Public Defender...

Florida Rule of Civil Procedure 1.110(b)(2) requires that a pleading contain, “a short and Read more 
plain statement of the ultimate facts showing that the pleader is entitled to relief.” Id. The
initial pleading seeking a writ of mandamus “shall be a complaint.” Fla. R. Civ. P. 1.630(b).
Matthew A. Menendez
The complaint should contain “a short and plain statement of the ultimate facts showing As the current President of the
Hillsborough County Association of
that the pleader is entitled to relief,” as required by rule 1.110(b)(2), Florida Rules of Civil
Criminal Defense Lawyers
Procedure.
(HCACDL)...

The absence of discreet averments of fact (dates, incidents), numbered or otherwise,

Read more 
precludes the individual responses (admit, deny, or statement that Department is “without
knowledge”) required for an answer under rule 1.110(c), Florida Rules of Civil Procedure.
Amanda Brunson
The complaint should contain an appropriate “demand for judgment for the relief to which With over 25 jury trials and 40
the pleader deems himself or herself entitled.” Fla. R. Civ. P. 1.110(b)(3). bench trials, Amanda is
experienced in...

Initial Task When Assessing the Petition for a Writ of Mandamus Read more 

When a trial court receives a petition for a writ of mandamus, its initial task is assessing the
petition to determine whether it is facially su cient. Holcomb. v. Dep’t of Corr., 609 So.2d 751 MEET THE STAFF
(Fla. 1st DCA 1992). If it is not facially su cient, the court may dismiss the petition. Id.

If the petition states a legally su cient claim, the court must issue an “alternative writ in
Jennifer Pond
As a paralegal, Jennifer assists the
mandamus” ordering the respondent to show cause why the writ should not be granted.
attorneys with the initial intake,
Fla. R. Civ. P. 1.630(d)(3).
ling motions...

Read more 
After a Show Cause Order is Issued

Once a show cause order has been issued by the court, it becomes in all respects the Danielle Wynimko
complaint and subject to the same rules of pleading as are any other complaints. West Palm As a Florida Registered Paralegal,
Beach v. Knuutila, 183 So.2d 881 (Fla. 4th DCA1966); Fla.R.Civ.Pro. 1.630(e). Danielle has ful lled the
requirements set forth by...
It is then up to the respondent to admit or deny the factual allegations upon which relief is
based and to present any and all a rmative defenses. Read more 

All facts alleged in the order to show cause, which generally incorporates by reference the
original petition, that are not speci cally denied are admitted to be true. Arnold v. State ex rel. EXPLORE OUR WEBSITE
Mallison, 147 Fla. 324, 2 So.2d 874 (1941).
Appeals
Material Issues of Fact in Dispute Juvenile Appeals

If the respondent raises material issues of fact, a trial to resolve such disputes is Conviction Review Unit
appropriate. Bal Harbour Village v. State ex rel. Giblin, 299 So.2d 611, 615 (Fla. 3d DCA1974),
Fundamental Error
cert. denied, 311 So.2d 670 (Fla.1975).
Habeas Corpus
The burden is on the respondent for coming “forward with exact facts upon which it
refused to perform the act required by the alternative writ.” Id. Motion to Withdraw Plea

Post Conviction
If the respondent does not meet this burden in the return, then no trial is necessary and
the court can decide the issues based upon the su ciency of the legal issues raised. Id.   Direct Appeal

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12/23/2019 Attorney for Writ of Mandamus in Tampa, FL

Once an alternative writ has issued, the burden is on the respondent to come forward with  Discovery Violations
the facts it contends support its refusal to perform its legal duty. Smith v. State, 696 So.2d
814, 816 (Fla. 2d DCA 1997).
Appeal from Traf c Court

Criminal Restitution Hearings

Jurisdiction of the District Court of Appeal to Issue Writs of Certiorari
Motion to Reduce Sentence
Rule 9.030(b)(2) of the Florida Rules of Appellate Procedure provides that the district courts
Writ of Certiorari
of appeal shall have jurisdiction to issue writs of certiorari to review:
Writ of Mandamus
non nal orders of lower tribunals other than as prescribed in rule 9.130; and
nal orders of circuit courts acting in their review capacity.

Final agency action is ordinarily subject to review by appeal to the appropriate district
court of appeal under the provisions of section 120.68(2), Florida Statutes.

Review by Appeal for the Final Order

If mandamus is used to initiate a new civil action in the circuit court, the resulting nal
order is subject to review by appeal. Mandamus is an action at law, See State ex rel Mott v.
Sco eld, 120 So.2d 825 (Fla. 2d DCA 1960).

As with other actions at law, a nal judgment on a complaint for writ of mandamus is
reviewable by appeal. See, e.g., Conner v. Mid-Florida Growers Inc., 541 So.2d 1252 (Fla. 2d DCA
1989).

Standard of Review for a Writ of Mandamus

Appellate courts have generally allowed direct review of an order dismissing a complaint
seeking a writ of mandamus. Because the issue of whether a complaint is su cient to state
a cause of action is a question of law, the appellate court reviews such orders under the de
novo standard of review. Barnett v. Antonacci, 122 So.3d 400 (Fla. 4th DCA 2013).

In contrast to the standard for a dismissal of the complaint, orders granting or denying the
writ are subject to review only for abuse of discretion. Rosado v. State, 1 So.3d 1147 (Fla. 4th
DCA 2009).

Compelling the Performance of Ministerial Duties

Mandamus is an appropriate remedy to compel the performance of ministerial duties

devolved by law on public o cers. However, a mandamus will not lie where continued
judicial supervision is required.

Mandamus is de ned as a remedy to command performance of a ministerial act that the

person deprived has a right to demand, or a remedy where public o cials or agencies may
be coerced to perform ministerial duties that they have a clear legal duty to perform. City of
Coral Gables v. State ex rel. Worley, 44 So.2d 298 (Fla.1950).

In turn, a duty or act is de ned as ministerial when there is no room for the exercise of
discretion, and the performance being required is directed by law. Solomon v. Sanitarians’
Registration Bd., 155 So.2d 353 (Fla.1963).

Mandamus, however, will not lie to prevent a future harm. Daniels v. Bryson, 548 So.2d 679
(Fla. 3d DCA 1989). In Daniels the court held:

Injunctive relief would be appropriate, we believe, where there is a demonstrated

pattern of noncompliance with the Public Records Law, together with a showing of
likelihood of future violations. Mandamus would not be an adequate remedy, as the
writ will not lie to prevent future harm. State ex rel. Fraternal Order of Police v. City of
Orlando, 269 So.2d 402 (Fla. 4th DCA 1972).

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12/23/2019 Attorney for Writ of Mandamus in Tampa, FL

548 So.2d at 680-81.

This article was last updated on Thursday, March 21, 2019.

SAMMIS LAW FIRM

“Fighting for the Best Result”

Main Office:
1005 N. Marion St.
Tampa, FL 33602
Second Office:
7509 Li le Road
New Port Richey, FL 34654
Phone: 727-807-6392
813.250.0500
A orneys on call 24/7

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