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KIST v. STATE

Supreme Court of Florida
Jan 22, 2008
975 So. 2d 428 (Fla. 2008)

Opinion

No. SC07-2298.

January 22, 2008.

Lower Tribunal No(s). 2D04-797.


Because petitioner has failed to show that the respondent has a ministerial duty to reinstate his 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); see also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus "is [not] proper to mandate the doing (or undoing) of a discretionary act"), approved, 431 So. 2d 986 (Fla. 1983).

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


Summaries of

KIST v. STATE

Supreme Court of Florida
Jan 22, 2008
975 So. 2d 428 (Fla. 2008)
Case details for

KIST v. STATE

Case Details

Full title:JOHN E. KIST, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jan 22, 2008

Citations

975 So. 2d 428 (Fla. 2008)