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Montano v. State

Supreme Court of Florida
Apr 19, 2005
902 So. 2d 791 (Fla. 2005)

Opinion

Case No. SC04-2426.

April 19, 2005.

Lower Tribunal No. 3D03-2794.


Because petitioner has failed to show a clear legal right to performance of the requested act, 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.).

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


Summaries of

Montano v. State

Supreme Court of Florida
Apr 19, 2005
902 So. 2d 791 (Fla. 2005)
Case details for

Montano v. State

Case Details

Full title:ADOLFO A. MONTANO, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Apr 19, 2005

Citations

902 So. 2d 791 (Fla. 2005)