What Is a Writ of Mandamus?
A writ of mandamus is a court order commanding a government official, agency, or lower court to perform a duty the law clearly requires. It is an extraordinary remedy used to compel action when an official refuses to carry out a duty that is not discretionary. The word comes from the Latin for "we command."
When Mandamus Is Available in Florida
Mandamus lies only to enforce a clear legal right and a corresponding ministerial duty — an act the official is legally obligated to perform and has no discretion to refuse. A common example is compelling a public agency to produce records it is required by law to release, or to issue a permit when every legal condition has plainly been met.
What Mandamus Cannot Do
- It cannot be used to control how an official exercises discretion, only to compel a required, non-discretionary act
- It is generally unavailable if another adequate legal remedy exists
- It does not tell the official how to decide a matter that the law leaves to judgment
Related Terms
- Writ of Certiorari — A related extraordinary writ for review
- Petition — The filing that seeks a writ of mandamus
- Injunction — Another form of extraordinary relief
Barnes Walker Litigation
Barnes Walker's litigation attorneys pursue and defend extraordinary writs, including mandamus against government agencies, in Florida's courts. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC