Opinion
Case No. SC04-2441.
April 14, 2005.
Lower Tribunal No. 4D04-2222.
Because petitioner has failed to show either a clear legal right to the relief requested, or an indisputable duty on the part of the Fourth District Court of Appeals to perform the requested act, he 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.); Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus "is [not] proper to mandate the doing (or undoing) of a discretionary act"),approved, 431 So. 2d 986 (Fla. 1983).
WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.