· 7/14/2004
CAUCUS OF BLACK STATE LEGISLATORS v. Crosby
Citations
- 877 So. 2d 861
- 2004 WL 1562359
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating an “extraordinary writ of mandamus may not be used to establish the existence of an enforceable right, but rather only to enforce a right already clearly and certainly established in law” (citation omitted)
- “Because the legislature chose to use the word ‘shall’ ... the Department’s obligations are not discretionary.”
- “Because the legislature chose to use the word ‘shall’ ... the Department’s obligations are not discretionary.”
- “Because the legislature chose to use the word ‘shall’ throughout section 944.293, the Department’s obligations are not discretionary.”
- “While we agree with the trial court that the Department’s statutory obligations are ambiguous, according to Schmidt, it is appropriate for us to interpret an ambiguous statute and then determine it to be sufficiently ‘clear’ for the purpose of mandamus.”
- observing “shall” is obligatory, rather than discretionary
Source: CourtListener parenthetical corpus (CC0).
Judges: Polston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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