Florida District Courts of Appeal, 1973

Rhoades v. Sweet

Rhoades v. Sweet
Florida District Courts of Appeal · Decided April 17, 1973 · Carroll, Haverfield, Pearson
276 So. 2d 221; 1973 Fla. App. LEXIS 6905 (Southern Reporter, Second Series)

Rhoades v. Sweet

Opinion of the Court

PER CURIAM.

The appellants were petitioners in a mandamus proceeding in the circuit court. The circuit judge denied the petition for a writ of mandamus and this appeal followed. The appellants have failed to show error because mandamus is a discretionary writ which will issue only upon the showing of a clear legal right in the relator to the performance of a ministerial act. See State ex rel. Eichenbaum v. Cochran, Fla.1959, 114 So.2d 797. See also State ex rel. Long v. Carey, 121 Fla. 515, 164 So. 199 (1935).

Affirmed.

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