Opinion
Case No. SC05-293.
September 13, 2005.
Lower Tribunal Nos. 02-2638 CFANO, 2D04-4444.
Because petitioner has failed to show a clear legal right to have the habeas petition in Wayne Green v. State, case number 2D04-4444, reinstated in the Second District Court of Appeal, he 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.).
WELLS, ANSTEAD, LEWIS, QUINCE and CANTERO, JJ., concur.