Writ of Mandamus

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.
 
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Do you know what the great writs are?

Two of the most sought after, in terms of relief, the great writ (habeas corpus) and mandamus.

A writ of mandamus can issue in a mandamus proceeding, independent of a judicial proceeding.

Generally a petition for a mandamus is made to compel a judicial or government officer to perform a duty owed to the petitioner.

However, our courts only recognize people, as in adults and corporate entities.

OP, you're a minor.

As a minor, you can't seek redress in our courts until you obtain majority.

Hold on, young un, you'll be of the majority, sooner or later.

Well, if your growth isn't summarily terminated, that is.
 
Do you know what the great writs are?

Two of the most sought after, in terms of relief, the great writ (habeas corpus) and mandamus.

A writ of mandamus can issue in a mandamus proceeding, independent of a judicial proceeding.

Generally a petition for a mandamus is made to compel a judicial or government officer to perform a duty owed to the petitioner.

However, our courts only recognize people, as in adults and corporate entities.

OP, you're a minor.

As a minor, you can't seek redress in our courts until you obtain majority.

Hold on, young un, you'll be of the majority, sooner or later.

Well, if your growth isn't summarily terminated, that is.


Which is why it has been properly filed on my behalf by my parents
 
And yes, i understand a fair bit about writs, how they (common law) differ from civil law, & how they must be pleaded with great specificity. And of the Writ of Mandamus, yes, i am attempting to force my local government official to follow the black letter of the law. That there is no remedy at law for

I pleaded it with specificity, showing the four conditions that must be met for mandamus relief & exactly how each was fulfilled. Most importantly that there is no remedy at law for someone breaking FS 1007.271, which on top of the statute using the term "must" in the description of duty means that it is ministerial. I wrote the argument, my dad wordsmithed it & polished it up.

We then found that it fulfilled the criteria for being "Exceptionally important" so we showed that with specificity.

Im tired of my state College breaking black letter law and waiting people out until they age out of the program as a strategy of not fulfilling their responsibility.

These policies affect each 6-12 graders rights, devastating the rights of at least 120,000 - 180,000 in any given year who failed to achieve entrance due to an illegal policy

The State using the "hold on, you can change the rules when you get older" argument to avoid doing something that i cannot have a re-do on seems like exactly the one case that Mandamus would lie in
 
& you are right, there are many people who would be happy to summarily terminate my growth. Fortunately I'm young and can outrun most of them so far!

:)
 
Forget throwing around a bunch of SAT words and tell us what happened or what did not happen you believe should have. Start there.
 
To the best of my knowledge, no lawyers from Florida -- much less lawyers familiar with mandamus practice, which is rather specialized -- follow these boards. Consult with a local appellate attorney.
 
These are the words that i learned then used writing the Petition for a Writ of Mandamus that i filed.

"[T]o 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." Huffman v. State, 813 So.2d 10, 11 (Fla.2000).​

the first real hurdle for mandamus is that the duty be ministerial, and the duty as described in the Florida Statute 1007.271(13)(b), (which has no case law,) includes the operative term "MUST". It is as follows:

§1007.271(13)(b) states "Each postsecondary institution eligible to participate in the dual enrollment program pursuant to s. 1011.62(1)(i) must enter into a home education articulation agreement with each home education student seeking enrollment (who is statutorily eligible to participate, having passed all statutory requirements, which i have)​

the other practical hurdle is that there be no remedy at law. Which there is not. One could argue that i have remedy through the damages caused to sue under discrimination or other federal education rights laws, however circuitous. The same could not be said of the college's duty under §1001.64(1), which holds the Florida College Boards of Trustees (in their official capacity) responsible to operating "within law" as follows:

§1001.64(1): "The boards of trustees shall be responsible for cost-effective policy decisions appropriate to the Florida College System institution's mission, the implementation and maintenance of high-quality education programs within law and rules of the State Board of Education, the measurement of performance, the reporting of information, and the provision of input regarding state policy, budgeting, and education standards."​

They have crafted many policies which are direct violations of black letter law in §1007.271

As a citizen of the State of Florida, my father has the right to file this "on my behalf" He has the right to hold his government accountable to upholding the laws of the State of Floirda. Especially since one of them is the law saying the Board of Trustees ministerially bound to operating "within law"

"What Happened" is that i have definitive proof (based only on black letter law and the Web Sites of each college and university in the state, ) that every Dual Enrollment student has had to pass two or three times as high of attainment scores as is legally required and there are very strict rules buy which the Respondent could have and additional policies. Each of the policies of which I speak clearly break one or both of the conditions stated which must be met for any policy to kibe legal. And there is no way to know how many people have had their rights to enter the program denied completely because they were not able to pass all three parts of the placement test and were illegally denied access to the program

Its about 17 pages all told, the Petition for Writ of Mandamus which i have filed with the Clerk as part of any existing case. On which i just realized that there is no actual prescribed remedy at law for, which i am starting understand is the ninja nonsense that opposing council has used to stymie me even though their actions are clearly in opposition to the letter of the law
 
To the best of my knowledge, no lawyers from Florida -- much less lawyers familiar with mandamus practice, which is rather specialized -- follow these boards. Consult with a local appellate attorney.

you are correct on all points. yet here i am.....

were not going to invest our money if the State is going to fight this hard and we can't just handle this ourselves. They can clearly outspend us.

2nd Circuit disqualifies BakerHostetler from forfeiture case in rare mandamus grant is the outside council they hired. Baker Hostetler, literally famous for the rare feat of being thrown off a case. Ironically (& having no connection with our Petition) it was through an even more rare mandamus grant that it happened. So yes, i know the odds of this succeeding.

But we are right.

And they still haven't denied me my whole education, I'm still eligible. So ill keep fighting.

So, any thoughts with specificity would be appreciated.
 
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