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Houck v. State

Supreme Court of Florida
Jun 2, 2003
847 So. 2d 976 (Fla. 2003)

Opinion

Case No. SC02-2468.

June 2, 2003.

Lower Tribunal No. 1D94-1236


The petition for writ of mandamus is hereby 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 a clear legal right to performance of the requested act, an indisputable legal duty on the part of respondent to perform that act, and that no other adequate remedy exists); see also State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 11 So.2d 889 (Fla. 1943) ("It is well settled that mandamus is the proper remedy to compel a court to exercise its jurisdiction when such court possesses jurisdiction and refuses to exercise it, but mandamus cannot be maintained to control or direct the manner in which such court shall act in the lawful exercise of its jurisdiction.").

WELLS, PARIENTE, LEWIS, CANTERO and BELL, JJ., concur.


Summaries of

Houck v. State

Supreme Court of Florida
Jun 2, 2003
847 So. 2d 976 (Fla. 2003)
Case details for

Houck v. State

Case Details

Full title:JAMES N. HOUCK, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 2, 2003

Citations

847 So. 2d 976 (Fla. 2003)