What Is Mandamus?
Mandamus is an extraordinary court order commanding a government official, agency, or lower court to perform a duty the law clearly requires. The word comes from the Latin for "we command." It is used to force action where an official has refused to carry out a non-discretionary, legally required act — and is sought by filing a petition for a writ of mandamus.
When Mandamus Applies in Florida
Mandamus is available only to enforce a clear legal right paired with a corresponding ministerial duty — something the official is legally obligated to do and has no discretion to refuse. Classic examples include compelling an agency to release public records it must disclose, or to issue a permit or license when every legal requirement has plainly been satisfied.
What Mandamus Cannot Do
- It cannot control discretion — it compels a required act, not a particular outcome on a judgment call
- It is generally unavailable where an adequate alternative remedy exists
- The petitioner must show the duty is clear and the right is established
Related Terms
- Writ of Mandamus — The order that issues to grant mandamus
- Writ of Certiorari — A related extraordinary writ
- Petition — How mandamus is requested
Barnes Walker Litigation
Barnes Walker's litigation attorneys pursue and defend mandamus and other extraordinary writs against Florida agencies and officials. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC