Florida District Courts of Appeal, 1976

State ex rel. Flagship First National Bank of Miami Beach v. City of Key West

State ex rel. Flagship First National Bank of Miami Beach v. City of Key West
Florida District Courts of Appeal · Decided April 20, 1976 · Barkdull, Dry, Haverfield, Hen
330 So. 2d 851; 1976 Fla. App. LEXIS 15116 (Southern Reporter, Second Series)

State ex rel. Flagship First National Bank of Miami Beach v. City of Key West

Opinion of the Court

PER CURIAM.

Petitioner appeals from an order of the Circuit Court of Monroe County denying the issuance of an alternative writ of mandamus, and granting respondents’ motions to dismiss the petition.

Appellant contends that the allegations of its petition were sufficient to state a prima facie case for the issuance of the writ and, therefore, the trial court erred in denying the writ and dismissing the petition. We find merit in appellant’s contentions and reverse the order appealed.

It is our view that the petition clearly shows appellant’s legal right to the performance of the alleged duty sought to be required of appellees; therefore, the alternative writ of mandamus should have been granted and the motion to dismiss should have been denied.

Reversed and remanded for further proceedings.

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