Opinion
Case No. SC03-2376.
May 21, 2004.
Lower Tribunal No. 2D02-2100.
Because petitioner has failed to show that the Second District Court of Appeal had an indisputable duty to perform the requested action, and because issuance of the writ of mandamus would be nugatory in its effect, 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); Skeen v. D'Alessandro, 681 So.2d 712, (Fla. 2d DCA 1995) (holding "the writ [of mandamus] will never be granted in cases when, if issued, it would prove unavailing, or when compliance with it would be nugatory in its effects, or would be without beneficial results and fruitless to the relator.") (quoting State ex rel. Ostroff v. Pearson, 61 So.2d 325,326 (Fla. 1952)).
WELLS, PARIENTE, LEWIS, QUINCE and BELL, JJ., concur.