Opinion
Case No. SC04-2206.
July 11, 2005.
Lower Tribunal No. 5D04-1502.
Petitioner has failed to demonstrate a clear legal right to the relief requested. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (holding that in order to be entitled to a writ of mandamus, the petitioner must show that he has a clear legal right to performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists). Accordingly, the petition for writ of mandamus is hereby denied without prejudice to the petitioner to directly petition the Fifth District Court of Appeal to reinstate his appeal.
WELLS, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.