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Fraternal Order of Police v. Odio

District Court of Appeal of Florida, Third District
Jul 22, 1986
491 So. 2d 339 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-59.

July 22, 1986.

Appeal from the Circuit Court for Dade County; Jack M. Turner, Judge.

Pelzner, Schwedock, Finkelstein Klausner, Alan Eichenbaum, Miami, for appellants.

Lucia A. Dougherty, City Atty., and A. Quinn Jones and Albertine B. Smith, Asst. City Attys., for appellees.

Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.


Appellants challenge the trial court's issuance of a final order denying a petition for writ of mandamus and a request for temporary injunction. A writ of mandamus may be issued only where a petitioner has demonstrated a clear legal right on its part, an indisputable ministerial duty on the part of the respondent, and the absence of another adequate remedy. Department of Health Rehabilitative Services v. American Healthcorp, 471 So.2d 1312, 1314 (Fla. 1st DCA 1985); State ex rel. Blatt v. Panelfab International Corp., 314 So.2d 196, 198 (Fla. 3d DCA 1975); City of Miami v. Rezeau, 129 So.2d 432 (Fla. 3d DCA), cert. denied, 133 So.2d 646 (Fla. 1961). Our review of the record, applicable case law, and the pertinent sections of the Civil Service Rules and Regulations and the Charter of the City of Miami reveals that appellants failed to prove the existence of even one of these three factors. Finding no merit in the remaining issues, we affirm.

Affirmed.


Summaries of

Fraternal Order of Police v. Odio

District Court of Appeal of Florida, Third District
Jul 22, 1986
491 So. 2d 339 (Fla. Dist. Ct. App. 1986)
Case details for

Fraternal Order of Police v. Odio

Case Details

Full title:FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, A LABOR ORGANIZATION, WILLIAM…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 22, 1986

Citations

491 So. 2d 339 (Fla. Dist. Ct. App. 1986)

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