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Black v. Kelsey

Supreme Court of Florida
Aug 24, 2010
44 So. 3d 581 (Fla. 2010)

Opinion

Case No. SC10-1465.

August 24, 2010.

Lower Tribunal No(s). 2007DR003149X XXXMB.


The petition for writ of mandamus is hereby denied as successive. See Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a petitioner seeks relief in a particular court by means of a petition for extraordinary writ, he has picked his forum and is not entitled to a second or third opportunity for the same relief by the same writ in a different court). See also Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (to show entitlement to a writ of mandamus, petitioner must demonstrate a clear legal right to the performance of the act requested, an indisputable legal duty on the part of the respondent, and that no other adequate remedy exists).

PARIENTE, QUE, POLSTON, LABARGA, and PERRY, JJ., concur.


Summaries of

Black v. Kelsey

Supreme Court of Florida
Aug 24, 2010
44 So. 3d 581 (Fla. 2010)
Case details for

Black v. Kelsey

Case Details

Full title:CLINTON BLACK, Petitioner(s) v. LAKESKA KELSEY, Respondent(s)

Court:Supreme Court of Florida

Date published: Aug 24, 2010

Citations

44 So. 3d 581 (Fla. 2010)