Opinion
Case No. SC04-2110.
April 15, 2005.
The petition for writ of mandamus is denied. Petitioner has failed to show either a clear legal right to performance of the requested act or an indisputable legal duty on the part of the Seventh Circuit Court or Fifth District Court of Appeal to perform the requested act. 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). Further, 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 or in prior postconviction proceedings.See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992);Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990). Accordingly, all other pending motions are also denied.
WELLS, LEWIS, QUINCE and BELL, JJ., concur.
ANSTEAD, J., would request a response.