May v. Bender Farms, Inc.

Full title: GEORGE MAY, Petitioner(s), v. BENDER FARMS, INC. ET AL., Respondent(s)

Court: Supreme Court of Florida

Date published: May 13, 2005

904 So. 2d 431 (Fla. 2005)

Opinion

Case No. SC05-175.

May 13, 2005.

Lower Tribunal No. 4D04-4249.

As petitioner has failed to demonstrate that the district court of appeal has an indisputable legal duty to reinstate his case, 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).

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