emergency motion to amend complaint

seminole42

New Member
Jurisdiction
Florida
I need to file an emergency verified first amended complaint for equitable relief (response to original and insufficiently pleaded complaint has been filed more than 20 days ago)

do i simply need to file a "verified motion for leave to amend complaint" with the clear and file the complaint/petition as well, and then appear at ex parte to present the motion to amend with the attached complaint for mandamus relief pleaded under 1.630?

Ultimately I need to ensure that a well pleaded & simple ten page mandamus request is acted upon before irreparable harm ensues on May 7th, a hard date

thanks in advance for any thoughts of areas or directions which I may want to research
 
Mandamus is one of the Great Writes, Habeas being the GREAT Writ.

Mandamus = a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.

What are you trying to accomplish?

In what court (not where in FL), but what court in FL are you attempting to invoke mandamus?
 
filed in FL circuit court pursuant to rule 1.630

pursuant to 1.630 if a prima facie case is shown, they are compelled to issue the alternative writ.

we have clearly shown a prima facie claim.

my son (who has written the whole deal) just got out of the hospital for a week & he needs to coerce the college to offer courses specifically on their list of available courses for his program, and that list of courses available to the eligible student is also called for in black letter law of 1007.271(13)(b)(1)

he's read the law books on mandamus and the pleading forms. It needs to be in the form of a complaint

and somewhere we read that we will need to bring this to the attention of the court in order to have it considered.

So, we figure we need to file an emergency leave to amend (taking the time to dance with opposing council will remove the potential of relief) so that will be heard quickly by the trial judge and we can present the reasons why expedited consideration of the mandamus request should ensue.

again, monday the 7th classes start & he has a clear legal right to be in them

I believe it was you who told my son he should look at the great writs when he couldn't get relief on an issue for which there is no available remedy

thank you

(i would bet the farm he will win) (but we want to get him back in classes most efficiently)
 
actually, in the meantime, we stumbled into a precedent pleading under that rule of civil procedure 1.630 from this particular circuit. It is nowhere near perfect in form, but i would imagine that i could follow its form at a minimum and add the perfected parts which it lacks & argue the form being a precedent
 
actually, in the meantime, we stumbled into a precedent pleading under that rule of civil procedure 1.630 from this particular circuit. It is nowhere near perfect in form, but i would imagine that i could follow its form at a minimum and add the perfected parts which it lacks & argue the form being a precedent

Education, especially higher education, have many protections and carve outs.

That is to say, it is a rare day when a court will interfere in a college's curriculum or scheduling.
 
I remember reading somewhere that petitions for extraordinary remedies supersede the normal course of justice. I can't find the reference that i read it in and I desperately need it for a pleading

Any thoughts where to look would be appreciated!
 
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