Tucker v. Ruvin
Florida District Court of Appeal
748 So. 2d 376 (2000)
- Written by Liz Nakamura, JD
Facts
J. Tucker (plaintiff) attempted to file a Declaration of Adversary Proceeding in a pending probate case. A Declaration of Adversary Proceeding is a pleading by the filer, served on all parties, stating that the pending probate proceeding is adversarial. Harvey Ruvin (the Clerk) (defendant), the Clerk of Courts, presented the declaration to the presiding judge, in accordance with administrative policy. The presiding judge refused Tucker’s filing by marking and initialing it as denied; the judge did not issue an order denying the filing. The declaration was returned to Tucker without being filed. Tucker then filed a petition for a writ of mandamus asking the court to direct the Clerk to accept his filing. The Clerk countered and filed a motion to dismiss, arguing that a writ of mandamus was inappropriate because Tucker could appeal the judge’s refusal to accept the declaration for filing, which constituted an adequate legal remedy. The trial court agreed and dismissed Tucker’s petition. Tucker appealed.
Rule of Law
Issue
Holding and Reasoning (Sorondo, J.)
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