Moeller v. Southeast Florida Behavioral Health Network, Inc.
A father sought mandamus to compel a Baker Act managing entity to disclose, as a public record, its investigative report about his son's treatment and discharge before the son's suicide. The trial court, without issuing an alternative writ, denied the petition on the merits based solely on respondents' counsel's unpled, unsworn statements that the entity was a statutory medical review committee under section 766.101. The Fourth DCA reversed, holding that where a mandamus petition is facially sufficient, Rule 1.630(d)(2) obligates the court to issue an alternative writ and require a Rule 1.140 response before adjudicating merits.
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