Centrust Savings Bank v. City of Miami
Docket: No. 85-1765
Court: District Court of Appeal of Florida; June 10, 1986; Florida; State Appellate Court
An appeal was filed by Centrust Savings Bank against the City of Miami and other property owners regarding a writ of mandamus to compel the City to enforce the South Florida Building Code against the defendants. The trial court dismissed the complaint, and the appellate court affirmed this decision for two primary reasons. First, the court found that mandamus relief cannot be granted to compel property inspections for potential building code violations, as no legal precedent supports this type of action in Florida or elsewhere. The court emphasized that such inspections do not constitute a ministerial duty suitable for mandamus. Second, the complaint sought to enforce fire resistivity provisions of the building code, but Centrust failed to demonstrate a specific injury distinct from that experienced by the general public. As a result, Centrust lacked standing to pursue the action regarding these alleged violations. Consequently, the appellate court upheld the trial court's dismissal of the complaint, affirming that a writ of mandamus was not applicable in this case.