Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
v.
Defendants/Appellees. 2
____________________________________________________ /
1
“The Plaintiff or petitioner, formerly called the relator, is the person seeking to have the duty
performed.” “The defendant is the person…or public officer or governmental entity sought to be
coerced by the duty.” “The designation of the party seeking relief in the caption and
commencement was formerly “The State of Florida ex rel. A.B.” This form was proper when the
right to be enforced was a public one, as distinct from a private right. Now the parties are the same
as in other actions.” Trawick, Henry P. Trawick’s Florida Practice and Procedure § 36:4, 62
(Thomson Reuters, 2018). Fla. R. Civ. P. 1.630(b)(3)( “The caption shall show the action filed in
the name of the plaintiff in all cases and not on the relation of the state.”)
2
Where several distinct ministerial duties are to be performed by different persons or boards as a
means to an end, so as to preserve the integrity and unity of the performance of the entire duty, all
those persons may be joined in one writ of mandamus when no provisions or fundamental
principles of law are violated. 35 Fla. Jur. Mandamus and Prohibition § 120 (2012), at 478, n. 2
(citing State ex rel. Clendinen v. Dekle, 173 So. 2d 452 (quoting State ex rel. Knott v. Haskell,
Fla. 1916, 72 Fla. 176, 72 So. 651.) In an action for a writ of mandamus against a board of officials,
all members of a board are necessary parties. 35 Fla. Jur. Mandamus and Prohibition, (2012) §
125, at 480, n. 1 (citing State ex rel. City of St. Petersburg v. Pinellas County, 119 Fla. 539, 161
So. 66 (1935); State ex rel. Davis v. Lee, 116 Fla. 726, 156 So. 744 (1934); State ex rel. Crane v.
City of Lakeland, 116 Fla. 713, 157 So. 926 (1934).) “All of the members of a public board or
commission should be made defendants unless it is a body corporate.” Seminole County v.State,
93 Fla. 929, 112 So. 616; Id. “If several persons must perform the duty sought to be enforced, all
of them must be joined as defendants.” State ex. Rel. Simmons v. Harris, 119 Fla. 375, 161 So.
374 (1934).
NOTICE OF APPEAL
on behalf of the public, appeals to the District Court of Appeal for the Third District, the final
order of this Court rendered August 15, 2018 pursuant to Fla. R. App. P. 9.110. Conformed copies
of the final order of the trial court and the court’s order denying Plaintiff/Appellant’s timely August
29, 2018 Motion for Rehearing rendered August 31, 2018 are attached.
The nature of the order appealed is a final order denying with prejudice
alternative writ.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that a true and correct copy of the above and foregoing,
pursuant to Fla. R. Judicial Admin. 2.516, was on this day furnished to the above-captioned
through their designated email addresses, via the Florida E-Filing portal.