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STATE EX REL. FRATERNAL ORDER OF POLICE, ORLANDO LODGE NO. 25 v. CITY OF ORLANDO

No. 72-935.

269 So.2d 402 (1972)

STATE ex rel. FRATERNAL ORDER OF POLICE, ORLANDO LODGE NO. 25, and Dwight Chastain, et al., Relators, v. CITY OF ORLANDO, a Municipal Corporation Organized and Existing under the Laws of the State of Florida, et al., Respondents.

District Court of Appeal of Florida, Fourth District.

November 22, 1972.

Attorney(s) appearing for the Case

Eugene P. Spellman of Law Offices of Eugene P. Spellman, Miami, for relators.

Norman F. Burke, of Van Den Berg, Gay, Burke & Dyer, Orlando, for respondents.

Burton M. Michaels, Staff Atty., Florida League of Cities, Inc., Tallahassee, and Ralph A. Marsicano, Gen. Counsel, Florida League of Cities, Inc., Tampa, as amicus curiae.

J. Lewis Hall, of Hall, Hartwell & Hall, Tallahassee, as amicus curiae, Fraternal Order of Police Associates.

Edward D. Cowart, Miami, as amicus curiae, Florida State Lodge Fraternal Order of Police, Inc.

Thomas A. Capelle and Frank E. Hamilton, Jr., Tampa, as amicus curiae, American Federation of State, County and Municipal Employees.

PER CURIAM.

The petition for alternative writ of mandamus seeks more to establish a legal right than to enforce a clear legal duty already established. Traditionally, such is not the proper function of the writ of mandamus. State ex rel. Long v. Carey, 1935, 121 Fla. 515, 164 So. 199; State ex rel. Topp v. Board of Electrical Examiners, Fla.App. 1958, 101 So.2d 583; Slaughter v. State ex rel. Harrell, Fla.App. 1971,

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