Florida District Courts of Appeal, 2004

Kaplan v. Department of Health

Florida District Courts of Appeal · Decided November 5, 2004 · Allen, Barfield, Booth

886 So. 2d 279; 2004 Fla. App. LEXIS 16622; 2004 WL 2482286 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The petition for writ of mandamus is denied as legally insufficient. Mandamus will lie to require the performance of a ministerial duty imposed by law on a public official or agency. See Sancho v. Joanos, 715 So.2d 382 (Fla. 1st DCA 1998). However, petitioner has failed to identify any legal authority imposing on the Department of Health a clear and indisputable duty to take the action he seeks to compel.

PETITION DENIED.

BOOTH, BARFIELD and ALLEN, JJ., concur.

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