>>133371, >>133370

[A (writ of) mandamus is an order from a court to an inferior government official '''ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D.C. (2004). According to the U.S. Department of Justice, "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance."]

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11. Did the circuit court refuse to follow Fla. Stat. 102.168, when it heard three motions to dismiss, each filed separately outside of an answer and substantially outside the 10 day timeframe allowed by the court, but which the clerk and state defendants attempted to conceal by switching the dates on the docket and fraudulently pre-dating the motions to dismiss while attaching newly created and untimely answers, in direct violation of the legislature’s dictate in Fla. Stat. 102.168(6) which specifically states in relevant part, ‘... Within 10 days after the complaint has been served, the defendant must file an answer admitting or denying the allegations...and must state any other defenses...If an answer is not filed within the time prescribed, the defendant may not be granted a hearing in court to assert any claim or objection that is required by this subsection to be stated in an answer.”

It is not the province of the court to vary the clear legislative intent expressed in a statute merely because of its belief as to the lack of wisdom of the enactment. Tatzel v. State, 356 So. 2d 787 (Fla. 1978).

(The Judiciary’s) function is only to ascertain the will of the legislature. State ex rel. Bie v. Swope, 159 Fla. 18, 30 So. 2d 748 (1947).

(The Judiciary) must construe the law as given by the legislature and may not substitute judicial cerebration for the law or require the enforcement of what they think the law show be. In re Investigation Circuit Judge of Eleventh Judicial Circuit of Fla., 93 So. 2d 601 (Fla. 1957).

The court is bound to interpret the statutes as they are written and give effect to each word in the statute. Atwater v. Kortum, 95 So. 3d 85
(Fla. 2012).

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