Opinion
No. 72-1076.
April 17, 1973. Rehearing Denied May 8, 1973.
Appeal from the Circuit Court for Dade County, Thomas Edison Lee, J.
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.
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. See also State ex rel. Long v. Carey, 121 Fla. 515, 164 So. 199 (1935).
Affirmed.