Opinion
Case No. SC03-811.
October 1, 2003. Rehearing denied December 18, 2003.
Appeal from the 5th DCA.
Petitioner's petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So.2d 10 (Fla. 2000) (to be entitled to the writ of mandamus, a petitioner must show that he has a clear legal right to the requested relief, that the respondent has an indisputable legal duty to perform the requested action, and that no other remedy is available). See also Breedlove v. Singletary, 595 So.2d 8 (Fla. 1992) (a petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal).
WELLS, PARIENTE, LEWIS, QUINCE and BELL, JJ., concur.