Rafael Toirac-Aguilera v. City of Miami

Summary

The Florida Third District Court of Appeal dismissed Rafael Toirac-Aguilera’s petition for a writ of mandamus seeking investigative records related to his arrest and murder conviction. The court held that he had not demonstrated entitlement to mandamus because he had not first requested the records from the City of Miami, the proper agency.

Holdings

1. The petitioner was not entitled to mandamus relief because he failed to first request the records from the agency alleged to possess them, and therefore did not establish a clear legal right to performance of the requested act or an indisputable legal duty.

Questions Presented

1. Whether the petitioner was entitled to a writ of mandamus compelling the City of Miami to produce investigative records under Florida's Public Records Act when he had not first requested those records from the City.

Disposition

dismissed