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RHOADES v. SWEET

No. 72-1076.

276 So.2d 221 (1973)

Dorothy RHOADES et al., Appellants, v. Nelan J. SWEET, in His Official Capacity As Judge of the Municipal Court of the City of Miami Beach, Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 8, 1973.

Attorney(s) appearing for the Case

Max P. Engel and David B. Javits, Miami Beach, for appellants.

Lionel Barnet, North Miami Beach, for appellee.

Before PEARSON, CHARLES CARROLL and HAVERFIELD, JJ.

PER CURIAM.

The appellants were petitioners in a mandamus proceeding in the circuit court. The circuit judge denied the petition for a writ of mandamus and this appeal followed. The appellants have failed to show error because mandamus is a discretionary writ which will issue only upon the showing of a clear legal right in the relator to the performance of a ministerial act. See State ex rel. Eichenbaum v. Cochran, Fla. 1959, 114 So.2d 797

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