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Masih-Das v. State

Supreme Court of Florida
Feb 15, 2006
924 So. 2d 809 (Fla. 2006)

Opinion

Case No. SC05-1139.

February 15, 2006.

Lower Tribunal No. 5D05-1067.


As petitioner has failed to demonstrate a clear legal right to have his appeal reinstated in the Fifth District Court of Appeal, 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 ex rel. North St. Lucie River Drainage Dist. v. Kanner, 152 Fla. 400, 403, 11 So. 2d 889, 890 (Fla. 1943) (stating that mandamus cannot be maintained to control or direct the manner in which a court shall act in the lawful exercise of its jurisdiction); Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus is not an appropriate vehicle for review of a merely erroneous decision nor is it proper to mandate the doing or undoing of a discretionary act), approved, 431 So. 2d 986 (Fla. 1983).

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


Summaries of

Masih-Das v. State

Supreme Court of Florida
Feb 15, 2006
924 So. 2d 809 (Fla. 2006)
Case details for

Masih-Das v. State

Case Details

Full title:ALVIN R. MASIH-DAS, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Feb 15, 2006

Citations

924 So. 2d 809 (Fla. 2006)