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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.