Howell v. State ex rel. Edwards

Citations

• 54 Fla. 199

Syllabus

<p>MANDAMUS, CERTAINTY OF MANDATORY PART OF WRIT — DOES NOT LIE TO ENFORCE PAYMENT OF UNLIQUIDATED CLAIM. WPIEN JUDGMENT IN, WILL BE FRUITLESS WRIT SPIOULD BE DENIED.</p> <p>1. The range of action required of the respondent by an alternative writ of mandamus should be clearly, particularly and explicitly set forth in the mandatory part of such writ. The duty commanded should not be left to indiscriminate outside ascertainment dehors the writ.</p> <p>2. Mandamus does not lie to compel the payment of an unliquidated, unadjudicated claim that is disputed.</p> <p>3. Where the judgment sought in a mandamus proceeding will be fruitless and unavailing the writ should be denied and the proceedings dismissed.</p>