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Ayala v. Gonzalez

Supreme Court of Florida
Nov 20, 2006
944 So. 2d 986 (Fla. 2006)

Opinion

SC06-1978.

November 20, 2006.

Lower Tribunal No. 5D05-3200.


Because petitioner has failed to show a clear legal right to vacation of the mandate in the Fifth District Court of Appeal (Case No. 5D05-3200), she is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So.2d 10, 11 (Fla. 2000) (stating that in order to be entitled to a writ of mandamus, petitioner must show clear legal right to performance of requested act, that respondent has indisputable legal duty to perform that act, and that no other adequate remedy exists).

ANSTEAD, PARIENTE, QUINCE, CANTERO and BELL, JJ., concur.


Summaries of

Ayala v. Gonzalez

Supreme Court of Florida
Nov 20, 2006
944 So. 2d 986 (Fla. 2006)
Case details for

Ayala v. Gonzalez

Case Details

Full title:DENISE AYALA, ETC., Petitioner(s) v. WILLIAM I. GONZALEZ, Respondent(s)

Court:Supreme Court of Florida

Date published: Nov 20, 2006

Citations

944 So. 2d 986 (Fla. 2006)