Opinion
No. SC08-650.
May 21, 2008.
Lower Tribunal No(s). 1D07-3066.
Because petitioner has failed to show that the First District Court of Appeal has a ministerial duty to supplement the record on appeal in Case No. 1D07-3066, 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); see also 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, PARIENTE, QUINCE, and BELL, JJ., concur.