5D02-3253 Gentile v. Office of Public Defender

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-3253

Case Date: 12/16/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002 JAMES EVERETT GENTILE, Petitioner, v. OFFICE OF THE PUBLIC DEFENDER, etc., Respondent. ______________________________________/ Opinion filed December 20, 2002 Petition for Writ of Mandamus, Bruce W. Jacobus, Respondent Judge. James Everett Gentile, Daytona Beach, pro se. No Appearance for Respondent. PALMER, J. James Everett Gentile seeks a writ of mandamus compelling the Office of the Public Defender to provide him with a copy of his criminal case file, and further requests that this court issue an opinion stating the amount per page that would be considered adequate compensation for the copying of portions of the file. We deny the petition as being legally insufficient. Missing from the petition is any allegation that Gentile has previously made a request or demand upon the Office of the Public Defender with regard to the documents he seeks. See Florida Pharmacy Ass'n, Inc. v. Strong, 604 So. 2d 529 (Fla. 1st DCA 1992)(holding that one seeking mandamus to compel a public official to perform a duty must first make an express, distinct demand for performance). In CASE NO. 5D02-3253

addition, Gentile's request for this court to issue a written opinion as to the amount per page that would be considered adequate compensation for copying service is inappropriate, since mandamus relief is limited to compelling the performance of a ministerial act. See Fair v. Davis, 283 So. 2d 377 (Fla. 1st DCA 1973). PETITION DENIED. HARRIS and ORFINGER, JJ., concur.

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