Palm Beach Guardianship and a Petition for Writ of Mandamus – January 10,2017 First District Court of Appeal

What is a writ of mandamus? What does it do?  Florida guardianship lawyers know that a writ of mandamus is an order that is requested from an appellate court. When a petition for writ of mandamus is granted, the appellate court tells another court  what to do in your West Palm Beach probate or guardianship lawsuit. In other words, a writ of mandamus provides relief by instructing the circuit court to do something. For example, in Cason v. Ross, a January 10,2017 First DCA opinion, the petition for writ of mandamus seeks to compel the circuit court to render a decision and issue letters of guardianship.

Writs of Mandamus  “mandate” the lower court to act in conformity with what the appellate court said to do. Isn’t that what all appellate court orders do? Not necessarily. Some appellate decisions uphold what the trial court did and some reverse the trial court’s findings. However, not all appellate decisions tell a trial court to do something. Who issues a writ of mandamus in West Palm Beach? Any appellate court in Florida can issue such a writ to the appropriate trial courts. In Cason v. Ross, “the petition for writ of mandamus asserts that the circuit court had a clear, ministerial duty and responsibility to protect the AIP’s rights by appointing a guardian to protect the AIP.” The First DCA explains that, in order “to be entitled to a writ of mandamus, the petitioner must have a clear legal right to the requested relief, the respondent must have an indisputable legal duty to perform the requested action, and the petitioner must have no other adequate remedy available.” Experienced Palm Beach probate litigators know when they are entitled to a writ of mandamus and how to get them. Here, the First DCA denied the petition. How come? To read the entire case, click here.