Miami Nat'l Bank v. Dept. of Highway

Full title: MIAMI NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, APPELLANT, v…

Court: District Court of Appeal of Florida, First District

Date published: Nov 28, 1978

364 So. 2d 554 (Fla. Dist. Ct. App. 1978)

Opinion

No. JJ-92.

November 28, 1978.

Appeal from Circuit Court, Leon County; James E. Joanos, Judge.

Jose E. Martinez and William E. Sadowski of Helliwell, Melrose DeWolf, Miami, for appellant.

Enoch J. Whitney and Edwin E. Strickland, Tallahassee, Theodore R. Hainline of Hainline Billing, Fort Lauderdale, for appellees.

PER CURIAM.

Upon considering the briefs, the record, and oral argument, we find no reversible error.

Accordingly, the final order is affirmed.

MILLS and BOOTH, JJ., concur.

BOYER, Acting C.J., concurs specially.

BOYER, Acting Chief Judge, concurring specially.

I concur in affirmance but only because of the language of Slaughter v. State ex rel. Harrell, 245 So.2d 126 (Fla. 1st DCA 1971) wherein this court stated:

"Mandamus is a harsh and extraordinary remedy. It is available to enforce a legal right that has already been clearly established, but not to establish a legal right. * * *" (245 So.2d at page 128)