Eichelberger v. Brueckheimer
| Decision Date | 17 February 1993 |
| Docket Number | No. 93-00215,93-00215 |
| Citation | 613 So.2d 1372 |
| Parties | 18 Fla. L. Weekly D529 Robert Lee EICHELBERGER, Petitioner, v. Deborah K. BRUECKHEIMER, Chief Assistant Public Defender, Tenth Judicial Circuit, Respondent. |
| Court | Florida District Court of Appeals |
Robert Lee Eichelberger, pro se.
Robert Eichelberger seeks a writ of mandamus to compel the respondent to answer his correspondence. Respondent is the Chief Assistant Public Defender in charge of non-capital appeals for the Tenth Judicial Circuit.
Of primary concern to Eichelberger is a letter dated December 7, 1992, allegedly unanswered, in which he registers a number of complaints about the public defender's office. Some, such as a well-publicized delay in processing cases, are understandable; others, such as Eichelberger's assumption that his appeal will receive "only a cursory examination," seem to us gratuitous. Contrary to Eichelberger's present position, it is not clear to us that the letter calls for an immediate response. Conceivably respondent felt her time, and that of her staff, was better spent researching and writing briefs.
We do not mean to downplay the frustration experienced by prison inmates who believe their cause is just and who find themselves at the mercy of a judicial system whose operation may be slow in the best of times. However, the writ of mandamus is intended to accomplish certain limited functions and not to redress every grievance or disagreement. Mandamus is used to compel an official to perform lawful duties. State ex rel. Buckwalter v. City of Lakeland, 112 Fla. 200, 150 So. 508 (1933). An assistant public defender or court-appointed counsel is an "official." Thompson v. Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991). The act in question must be "ministerial" and not merely discretionary. City of Miami Beach v. Mr. Samuel's, Inc., 351 So.2d 719 (Fla.1977). Generally the writ will command the respondent to act, but not how to act. For example, the writ might issue against a public defender who, without justification, simply ceased to perform his or her statutory duty to perfect appeals. In contrast, mandamus would not lie to supervise the order of priority assigned to such appeals, and certainly not to monitor the flow of correspondence between attorney and client.
We write in this case primarily to express our concern, once again, about a needless proliferation of litigation instigated by prisoners. Prisoners may not be deprived of the...
To continue reading
Request your trial
-
Smith v. State, s. 96-00365
...623 So.2d 537 (Fla. 1st DCA 1993). An assistant public defender is an "official" for purposes of mandamus. Eichelberger v. Brueckheimer, 613 So.2d 1372, 1373 (Fla. 2d DCA 1993); Woodson v. Durocher, 588 So.2d 644 (Fla. 5th DCA 1991), rev. denied, 598 So.2d 79 (Fla.1992). The legal duty of t......
-
Miami-Dade Cnty. Bd. of Cnty. Comm'rs v. An Accountable Miami-Dade
...2008) (stating that mandamus is a civil remedy to compel a public official to discharge a ministerial duty); Eichelberger v. Brueckheimer, 613 So.2d 1372, 1373 (Fla. 2d DCA 1993) ("Mandamus is used to compel an official to perform lawful duties."). "For the issuance of a writ of mandamus, t......
-
Jackson v. State
...a public officer or agency to perform a lawful duty owed to Jackson. See art. V, § 4(b)(3), Fla. Const.; Eichelberger v. Brueckheimer, 613 So.2d 1372, 1373 (Fla. 2d DCA 1993). 5. The parties make mention of Jackson's "mental retardation" and his difficulty in understanding the notice docume......
-
Brown v. Ameri Star, Inc., 2D03-5330.
...should not be regarded as a fatal pleading defect, particularly when dealing with a pro se complaint. See Eichelberger v. Brueckheimer, 613 So.2d 1372, 1373 (Fla. 2d DCA 1993) (stating that "pro se pleadings are entitled to liberal construction, and a petition will not be dismissed simply b......
-
Enforcement of orders and judgments
...and that wife committed fraud upon court by falsely stating that parties had no assets or liabilities); Eichelberger v. Brueckheimer, 613 So. 2d 1372 (Fla. 2d DCA 1993) (self-represented pleadings are entitled to liberal construction, and petition will not be dismissed simply because it is ......
-
Final judgment; rehearing; motions related to judgment
...to dispute, not admit, liability. Liberal construction should be given to self-represented pleadings.); Eichelberger v. Brueckheimer , 613 So. 2d 1372 (Fla. 2d DCA 1993)(self-represented pleadings are entitled to liberal construction, and petition will not be dismissed simply because it is ......
-
Pleadings and mandatory electronic filing
...to dispute, not admit, liability. Liberal construction should be given to self-represented pleadings.); Eichelberger v. Brueckheimer , 613 So. 2d 1372 (Fla. 2d DCA 1993) (self-represented pleadings are entitled to liberal construction, and petition will not be dismissed simply because it is......
-
Defaults and uncontested hearings
...evidentiary hearing on his motion). A self-represented litigant’s pleadings should be liberally construed.[Eichelberger v. Brueckheimer, 613 So. 2d 1372 (Fla. 2d DCA 1993) (self-represented pleadings are entitled to liberal construction, and petition will not be dismissed simply because it ......