Opinion
Case No. SC06-1275.
September 8, 2006.
Lower Tribunal Nos. F04-29039, F04-29582, F04-29778, F04-29580, F04-29777.
To the extent that the Petitioner is seeking to compel the Third District Court of Appeal to rule on his "Motion to Withdraw Plea" within a reasonable time, the petition for writ of mandamus is hereby dismissed as moot. To the extent that the Petitioner is seeking to compel the Third District Court of Appeal to rule on the merits of his "Motion to Withdraw Plea," the petition is denied because he 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).
WELLS, PARIENTE, QUINCE, CANTERO and BELL, JJ., concur.