Gentile v. Office of Public Defender, 5D02-3253.
| Decision Date | 20 December 2002 |
| Docket Number | No. 5D02-3253.,5D02-3253. |
| Citation | 833 So.2d 229 |
| Parties | James Everett GENTILE, Petitioner, v. OFFICE OF the PUBLIC DEFENDER, etc., Respondent. |
| Court | Florida District Court of Appeals |
James Everett Gentile, Daytona Beach, pro se.
No Appearance for Respondent.
James Everett Gentile seeks a writ of mandamus compelling the Office of the Public Defender to provide him with a copy of his criminal case file, and further requests that this court issue an opinion stating the amount per page that would be considered adequate compensation for the copying of portions of the file. We deny the petition as being legally insufficient.
Missing from the petition is any allegation that Gentile has previously made a request or demand upon the Office of the Public Defender with regard to the documents he seeks. See Florida Pharmacy Ass'n, Inc. v. Strong, 604 So.2d 529 (Fla. 1st DCA 1992)
(). In addition, Gentile's request for this court to issue a written opinion as to the amount per page that would be considered adequate compensation for copying service is inappropriate, since mandamus relief is limited to compelling the performance of a ministerial act. See Fair v. Davis, 283 So.2d 377 (Fla. 1st DCA 1973).
PETITION DENIED.
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Leichty v. Clerk of Cir. Court, Lake County
...from the circuit court, which is a condition precedent to the issuance of a writ of mandamus. See Gentile v. Office of Public Defender, 833 So.2d 229, 230 (Fla. 5th DCA 2002); Al-Hakim v. State, 783 So.2d 293, 294 (Fla. 5th DCA 2001); Fla. Pharmacy Ass'n, Inc. v. Strong, 604 So.2d 529, 530 ......
- Morales v. Salazar, 5D02-3151.