Kellar v. Moore, 1D01-4008.
| Decision Date | 01 July 2002 |
| Docket Number | No. 1D01-4008.,1D01-4008. |
| Citation | 820 So.2d 1015 |
| Parties | Rayl Lynn KELLAR, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent. |
| Court | Florida District Court of Appeals |
Petitioner, pro se.
Robert A. Butterworth, Attorney General; Caryl Kilinski, Assistant Attorney General, Tallahassee, for Respondent.
The trial court reached the right result for the wrong reason. "Mandamus is a narrow, extraordinary writ used to coerce an official to perform a clear legal duty." Sica v. Singletary, 714 So.2d 1111, 1112 (Fla. 2d DCA 1998). "Although mandamus is a legal remedy, the granting of the writ is governed by equitable principles." Shevin ex rel. State v. Pub. Serv. Comm'n, 333 So.2d 9, 12 (Fla.1976). Shevin, 333 So.2d at 12. Other adequate legal remedies do exist here. See, e.g., Abbott v. City of Fort Lauderdale, 783 So.2d 1213, 1214-15 (Fla. 4th DCA 2001)
. Accordingly, the petition for writ of certiorari is denied.
To continue reading
Request your trial
-
Point Conversions, LLC v. Pfeffer & Marin Holdings, LLC
...there is an adequate remedy at law, so relief by mandamus is unavailable unless no other adequate remedy exists." Kellar v. Moore, 820 So. 2d 1015, 1016 (Fla. 1st DCA 2002) (citations and internal quotation marks omitted).2 These firmly established requirements have been articulated for hun......
-
K.G. Mother of N.G. v. Fla. Dep't of Children
...of law or that there is no adequate legal remedy. See Egan v. City of Miami, 130 Fla. 465, 178 So. 132 (1938); Kellar v. Moore, 820 So.2d 1015, 1016 (Fla. 1st DCA 2002). A petitioner can demonstrate a departure from the essential requirements of the law by showing “that the trial court made......
-
Fuller v. Truncale
...v. Smithers, 743 So.2d 605, 606 (Fla. 4th DCA 1999). 2 See Egan v. City of Miami, 130 Fla. 465, 178 So. 132 (1938); Kellar v. Moore, 820 So.2d 1015, 1016 (Fla. 1st DCA 2002). 3 See State v. Smith, 951 So.2d 954, 958 (Fla. 1st DCA 2007). 4 See Taylor v. TGI Friday's, Inc., 16 So.3d 312, 313 ......
-
A.G. v. Fla. Dep't of Children
...of law or that there is no adequate legal remedy. See Egan v. City of Miami, 130 Fla. 465, 178 So. 132, 133 (1938); Kellar v. Moore, 820 So.2d 1015, 1016 (Fla. 1st DCA 2002). A petitioner can demonstrate a departure from the essential requirements of the law by showing “that the trial court......