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Under Florida Law, Can You Compel a Court to Act or Refrain From Acting?

Uncategorized Nov 30, 2018
post about Under Florida Law, Can You Compel a Court to Act or Refrain From Acting?

If you believe that a probate court in Palm Beach County is not doing something that you need them to do, you may want to consider a writ of mandamus. What is a writ of mandamus according to Florida law? Probate litigators know that you may be able to file a petition for write of mandamus with the appellate court. You should consult with an experienced probate lawyer who can help you decide whether or not you should ask for this type of relief.

Can you compel the court to act or refrain from acting under Florida law?

A January 10, 2017 Florida opinion, Cason v. Ross, dealt with the issue of what to do if you believe that a Florida judge is not doing something you want.This recent case was before Florida’s First District Court of Appeal. In this re guardianship case a law firm sought a writ of mandamus under Florida law. 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.