Opinion
No. SC08-900.
September 22, 2008.
Lower Tribunal No(s). 5D08-377, 00-31833CFAES.
Because petitioner has failed to show a clear legal right to reinstatement of the petition for belated appeal in Mosley v. State, No. 5D08-377 (Fla. 5th DCA Apr. 25, 2008), 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).
WELLS, ANSTEAD, PARIENTE, LEWIS, and CANADY, JJ., concur.