The Florida Supreme Court denied Biddulph mandamus relief on the same federal claim he raises here. The existence of this state court ruling calls our subject matter jurisdiction into question under the
Rooker-Feldman abstention doctrine.
See District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 480-82, 103 S.Ct. 1303, 1314-15, 75 L.Ed.2d 206 (1983);
Rooker v. Fidelity Trust Co., 263 U.S. 413, 415, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923). Although no party has raised this issue, we cannot proceed without subject matter jurisdiction. The
Rooker-Feldman doctrine, based on statutory jurisdictional limitations, teaches us that federal district courts have no authority to review final judgments of state courts. The rule applies "not only to claims actually raised in the state court, but also to claims that were not raised in the state court but are ‘inextricably intertwined' with the state court’s judgment.”
Powell v. Powell, 80 F.3d 464, 466 (11th Cir.1996). This circuit recognizes an exception to the
Rooker-Feldman doctrine, however, when the plaintiff has no "reasonable opportunity to raise his federal claim in state proceedings.”
Id. at 467 (citing
Wood v. Orange County, 715 F.2d 1543, 1547 (11th Cir.1983),
cert. denied, 467 U.S. 1210, 104 S.Ct. 2398, 81 L.Ed.2d 355 (1984)). That exception applies here. In Florida, mandamus is not awarded as a matter of right but at the court's discretion,
Somlyo v. Schott, 45 So.2d 502, 504 (Fla.1950), and only upon a showing of a clear legal right to performance of an indisputable legal duty,
State ex rel. Eichenbaum v. Cochran, 114 So.2d 797, 800 (Fla.1959). Because the Florida Supreme Court has strictly limited authority to grant a writ of mandamus to those cases where there is a clear right to performance of an indisputable legal duty, the state mandamus proceeding did not afford Bid-dulph the kind of "reasonable opportunity” to raise his federal claim that would preclude our independent review of that claim. The Florida Supreme Court's refusal to grant a writ of mandamus means only that the state court failed to find it clear and indisputable either that the state initiative system violated the First Amendment or that the state initiative process had to be altered in the manner Biddulph requested in order to comply with the First Amendment. In fact, Florida courts could probably never grant mandamus relief for such a novel (and therefore disputable) federal constitutional claim.
See, e.g., Kane Homes, Inc. v. City of North Lauderdale, 418 So.2d 451, 453 n. 3 (Fla. 4th Dist.Ct.App.1982) (mandamus will apply "when the law prescribes and defines [a duty] with such precision and certainty as to leave nothing to the exercise of discretion or judgment”) (quoting
State ex rel. Zuckerman-Vernon Corp. v. City of Miramar, 306 So.2d 173, 175 (Fla. 4th Dist.Ct.App.1974),
cert. denied, 320 So.2d 389 (Fla.1975)).