Marshall had to establish that the act was "ministerial" because the
writ of mandamus issued only upon the failure to perform such a kind of act.
Among them were the availability of other remedies, such as a lawsuit; shortcomings on various legal procedures; and seeking a remedy that isn't allowed under a
writ of mandamus. The county and Lewinter learned of the denial on Tuesday.
Gabriele cannot seek other forms of accommodation, such as voice-recognition computer software or other technological accessories," Senn and Kiley wrote in their amended petition for
writ of mandamus.
COURT'S OPINION: The Supreme Court of Alabama denied the nurses' petition for a
writ of mandamus. The court held, inter alia, that contrary to the contention that the Dulins failed to use due diligence to ascertain the identity of specific defendants, and only referenced them by numbers until after the statute of limitations had run, the Dulins had, in fact, exercised due diligence.
In 1997, nuclear power plant operators asked for and received a
writ of mandamus from the D.C.
decisions allowed review of remand orders by
writ of mandamus, a tool of
If a defendant believes that the court has exceeded its judicial authority or that it has failed to exercise a judicial duty with regard to the defendant's motion, he may petition a superior court for a
writ of mandamus. (23) The
writ of mandamus is a remedy that is only used in extraordinary circumstances when there has been a judicial usurpation of power.
Citing cases in which power of a trial court to compel certain types of discovery was tested in mandamus proceedings, the court issued the writ, with the warning that "we wish to give no encouragement to the litigant who would have us review normal pretrial discovery procedure by original Mandamus." (24) Since the Bua decision, the supreme court has usually declined to issue the
writ of mandamus but has occasionally granted essentially the same relief in exercising its supervisory power over lower courts.
Connolly approved a request by the Department of Revenue for a
writ of mandamus, ordering Mr.
Their first lawsuit was a
writ of mandamus, a difficult legal approach.
Generally, a
writ of mandamus is available if the trial courtviolates a duty imposed by law or clearly abuses its discretion in resolving factual or legal issues.
Becka, (105) a South Carolina Supreme Court case which held that in South Carolina constitutional rights may be enforced via a
writ of mandamus. (106) The Cooper court noted that:
