Bennett v. Clerk of Circuit Court Citrus County
Docket: No. 5D14-2875
Court: District Court of Appeal of Florida; November 6, 2014; Florida; State Appellate Court
Petitioner Lyle Bennett requests a writ of mandamus to compel the Citrus County Clerk of Court to provide free copies of specific legal documents related to his felony case (No. 2013CF-341-A). He claims indigence and asserts the Clerk is charging $1 per page for copies necessary for drafting a motion for post-conviction relief. Bennett relies on the precedent set in *Lewis v. State*, which affirms that indigent defendants are entitled to copies of records for pro se proceedings but does not extend this right to free copies beyond direct appeals and specific evidentiary hearings. The court notes that Bennett has not demonstrated a refusal from the Clerk to provide copies but only the imposition of a fee. Mandamus is defined as a common law remedy to compel performance of a ministerial duty, requiring a clear legal right and indisputable duty from the respondent. The court emphasizes that Bennett must first seek relief in the trial court, as it holds jurisdiction over such matters. Past case law indicates that mandamus cannot be initiated at the appellate level for issues pertaining to the Clerk's duties. Ultimately, the court denies Bennett's petition, concluding he has not established entitlement to the relief sought. It is also noted that there is no indication he filed a direct appeal, making the existence of relevant transcripts unlikely. The petition is denied, with judges Torpy, Orfinger, and Evander concurring.