Hardee v. State ex rel. Gaines

Citations

• 83 Fla. 544
• 91 So. 909

Syllabus

<p>1. While mandamus may be invoked to compel a corporate entity to perform a specific legal duty to the public, the duty must clearly appear and the relator must show a right to the writ.</p> <p>2. The ¡átate officials who comprise the State Board of Comrhissioners of Everglades Drainage District have by statute stated corporate functions and authority; and their duties are confined to the limits of the statutory powers conferred upon them.</p> <p>3. Where the duties of a State corporate entity are defined by statute and not by the principles of the common law, and an alternative writ of mandamus commands such corporate entity to perform an act not authorized by the statute from which the powers and duties of the corporate entity are derived, the alternative writ should be quashed on appropriate procedure.</p>