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Akopova v. Boyer

Supreme Court of Florida
Nov 14, 2007
Case No. SC07-1954 (Fla. Nov. 14, 2007)

Opinion

Case No. SC07-1954.

November 14, 2007.

Lower Tribunal No(s). 2D07-4421.


Because petitioner has failed to show that the Second District Court of Appeal has a ministerial duty to grant her petition for writ of certiorari, she 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, CANTERO, and BELL, JJ., concur.


Summaries of

Akopova v. Boyer

Supreme Court of Florida
Nov 14, 2007
Case No. SC07-1954 (Fla. Nov. 14, 2007)
Case details for

Akopova v. Boyer

Case Details

Full title:JEANNE AKOPOVA, Petitioner(s) v. DIANE BOYER, Respondent(s)

Court:Supreme Court of Florida

Date published: Nov 14, 2007

Citations

Case No. SC07-1954 (Fla. Nov. 14, 2007)