Opinion
Case No. SC06-1459.
September 8, 2006.
Lower Tribunal No. 2D05-5211.
As petitioner has failed to demonstrate a clear legal right to the relief requested, the petition for writ of mandamus is denied. 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). To the extent that the Petitioner is requesting that The Florida Bar be directed to discipline Thomas Birkhold, Clerk of the Second District Court of Appeal, the petition is hereby dismissed. See Tyson v. Florida Bar, 826 So. 2d 265, 268 (Fla. 2002) (stating that "[d]isciplinary proceedings . . . are instituted in the public interest and to preserve the purity of the courts. No private rights except those of the accused attorney are involved").
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE and BELL, JJ., concur.