Florida District Courts of Appeal, 1986

Fraternal Order of Police v. Odio

Fraternal Order of Police v. Odio
Florida District Courts of Appeal · Decided July 22, 1986 · Baskin, Hubbart, Pearson
491 So. 2d 339; 11 Fla. L. Weekly 1594; 1986 Fla. App. LEXIS 9011 (Southern Reporter, Second Series)

Fraternal Order of Police v. Odio

Opinion of the Court

PER CURIAM.

Appellants challenge the trial court’s issuance of a final order denying a petition for writ of mandamus and a request for temporary injunction. A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable ministerial duty on the part of the respondent, and the absence of another adequate remedy. Department of Health & Rehabilitative Services v. American Healthcorp, 471 So.2d 1312, 1314 (Fla. 1st DCA 1985); State ex rel. Blatt v. Panelfab International Corp., 314 So.2d 196, 198 (Fla. 3d DCA 1975); City of Miami v. Rezeau, 129 So.2d 432 (Fla. 3d DCA), cert. denied, 133 So.2d 646 (Fla. 1961). Our review of the record, applicable case law, and the pertinent sections of the Civil Service Rules and Regulations and the Charter of the City of Miami reveals that appellants failed to prove the existence of even one of these three factors. Finding no merit in the remaining issues, we affirm.

Affirmed.

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