State ex rel. Sunday v. Richards

Citations

• 50 Fla. 284

Syllabus

<p>1. A writ of mandamus may in the exercise of a sound judicial discretion of the court be issued to enforce the performance of a legal duty imposed by law upon a ministerial officer where such duty does not involve the exercise of discretion of judgment by the officer and the relator has a clear legal right to have such duty performed and there is no other adequate remedy provided by law.</p> <p>2. A writ of mandamus will not be awarded when it is evident that substantial rights of parties not before the court are involved.</p> <p>3. Where another adequate legal remedy is provided by law the court in its discretion will not grant a writ of mandamus.</p> <p>4. A writ of mandamus will not lie to compel a tax assessor to place lands upon the tax rolls where the lands have been previously sold to the State for non-payment of taxes and they are not included in the lists of lands certified by the Comptroller to the assessor for assessment, it not being shown that an application under the law has be©» made to the Comptroller for relief.</p> <p>6. In mandamus proceedings the alternative writ takes the place of a declaration at law, and it is essential that it should show a clear prima facie case in favor of the relator.</p> <p>6. The alternative writ in mandamus proceedings must show a clear prima facie case in favor of relator. In order to make out a prima facie case the writ should allege all the essential facts which show the duty and impose the legal obligation on the respondent to perform the acts demanded of him as well as the facts that entitle the relator to invoke the aid of the court in compelling the performance of such duty or obligation.</p>