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Jackson v. McKendrick

Supreme Court of Florida
Feb 28, 2006
Case No. SC05-1943 (Fla. Feb. 28, 2006)

Opinion

Case No. SC05-1943.

February 28, 2006.

Lower Tribunal No. 2D05-4451.


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); see also State v. Petteway, 117 So. 696, 697 (Fla. 1928) (holding that mandams may not be used to control "the discretion of [a court] or the manner in which [it] shall act in the exercise of his lawful jurisdiction").

WELLS, ANSTEAD, QUINCE, CANTERO and BELL, JJ., concur.


Summaries of

Jackson v. McKendrick

Supreme Court of Florida
Feb 28, 2006
Case No. SC05-1943 (Fla. Feb. 28, 2006)
Case details for

Jackson v. McKendrick

Case Details

Full title:ELIJAH JACKSON, JR., Petitioner(s) v. RICHARD McKENDRICK, Respondent(s)

Court:Supreme Court of Florida

Date published: Feb 28, 2006

Citations

Case No. SC05-1943 (Fla. Feb. 28, 2006)