FreeWill1
New Member
- Jurisdiction
- Florida
Ive filed a Petition seeking an Alternative Writ showing cause.
The issue is clear. Mandamus lies when four conditions are met:
1) I have a right to such relief in my relation to the state,
2) There is a clear duty spelled out in black letter law of Dual Enrollment statutes
3) Respondent's duty is ministerial - this statute uses the term "MUST"
4) there is no remedy at law for either of the two statutes I seek Mandamus upon
also, its been pleaded as Exceptionally Important, and it actually fulfills not just one but both of these criteria.
1) It affects large numbers of persons (each 6-12 grade student in the state)
2) Advancing the state of law in an area completely uninterpreted by case law
Either of these conditions alone would demand en banc rehearing, so i believe the case is deserving of primary opinion.
But i am doubtful even though it has been well pleaded, as the Court seems reluctant to decide in this area. The same court recently failed to rule on a properly pleaded verified motion for injunctive relief. How long am i required to wait before filing a Writ of Mandamus challenging the Court of original jurisdiction to rule?
I have definitively shown that the rights and expectations of vast numbers of persons are being violated, minor persons at that & ones forced into the situation by truancy statutes.
Thanks in advance for any thoughts anyone may have on any areas i may want to research further. What i do with any thought is completely my responsibility.
The issue is clear. Mandamus lies when four conditions are met:
1) I have a right to such relief in my relation to the state,
2) There is a clear duty spelled out in black letter law of Dual Enrollment statutes
3) Respondent's duty is ministerial - this statute uses the term "MUST"
4) there is no remedy at law for either of the two statutes I seek Mandamus upon
also, its been pleaded as Exceptionally Important, and it actually fulfills not just one but both of these criteria.
1) It affects large numbers of persons (each 6-12 grade student in the state)
2) Advancing the state of law in an area completely uninterpreted by case law
Either of these conditions alone would demand en banc rehearing, so i believe the case is deserving of primary opinion.
But i am doubtful even though it has been well pleaded, as the Court seems reluctant to decide in this area. The same court recently failed to rule on a properly pleaded verified motion for injunctive relief. How long am i required to wait before filing a Writ of Mandamus challenging the Court of original jurisdiction to rule?
I have definitively shown that the rights and expectations of vast numbers of persons are being violated, minor persons at that & ones forced into the situation by truancy statutes.
Thanks in advance for any thoughts anyone may have on any areas i may want to research further. What i do with any thought is completely my responsibility.
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