Flick v. State

Full title: David Flick, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Jul 16, 2021

No. 1D21-1498 (Fla. Dist. Ct. App. Jul. 16, 2021)

Opinion

1D21-1498

07-16-2021

David Flick, Petitioner, v. State of Florida, Respondent.

David Flick, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Mandamus-Original Jurisdiction.

David Flick, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of mandamus is denied. See Pleus v. Crist, 14 So.3d 941, 945 (Fla. 2009) ("To be entitled to mandamus relief, 'the petitioner must have a clear legal right to the requested relief, the respondent must have an indisputable legal duty to perform the requested action, and the petitioner must have no other adequate remedy available.'" (quoting Huffman v. State, 813 So.2d 10, 11 (Fla. 2000))); cf. Bradford v. State, 701 So.2d 899, 900 (Fla. 4th DCA 1997) ("[T]he trial court erred in failing to continue the evidentiary hearing on the original 3.850 motion until such time as the claims raised in the amended motion could also be considered.").

B.L. THOMAS, BILBREY, and NORDBY, JJ., concur.