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ALLEN v. SCHOOL BD. OF BROWARD COUNTY

Nos. 87-0307, 87-0320.

522 So.2d 1036 (1988)

Phillip C. ALLEN, As Director of the Finance and Administrative Services Department of Broward County, Florida, and Joseph Rosenhagen, As Director of the Revenue Collection Division of Broward County, Florida, Appellants, v. The SCHOOL BOARD OF BROWARD COUNTY, Florida, Appellees. Robert HITTEL, Sr., Thomas Edward Doriety and Mary Doriety, His Wife, Anthony M. Nardotti and Linda M. Nardotti, His Wife, Appellants, v. Phillip C. ALLEN, As Director of the Finance and Administrative Services Department of Broward County, Florida, Joseph Rosenhagen, As Director of the Revenue Collection Division of Broward County, Florida, and the School Board of Broward County, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

April 6, 1988.

Attorney(s) appearing for the Case

Susan F. Delegal, Gen. Counsel, and Larry E. Lymas-Johnson, Asst. Gen. Counsel, Fort Lauderdale, for appellants-Allen and Rosenhagen.

John A. Thabes of Saunders, Curtis, Ginestra & Gore, Fort Lauderdale, for appellants-Hittel, Dorietys and Nardotties.

Edward J. Marko and Robert Paul Vignola of Marko & Stephany, Fort Lauderdale, for appellees-School Bd. of Broward County.

Robert A. Butterworth, Atty. Gen., and Joseph C. Mellichamp, III, Asst. Atty. Gen., Tallahassee, for State of Fla. Dept. of Revenue.

Sydney H. McKenzie, III, Gen. Counsel, and Barbara Staros Harmon, Asst. Gen. Counsel, Tallahassee, for State of Fla. Dept. of Educ.

HERSEY, Chief Judge.

Appellants seek review of the lower court's final judgment for peremptory writ of mandamus in favor of the School Board of Broward County. We reverse.

Mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a clear legal duty to perform. Fair v. Davis, 283 So.2d 377 (Fla. 1st DCA 1973).

[M]andamus is a discretionary...

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