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Montgomery v. State

Supreme Court of Florida
Jun 1, 2004
Case No. SC04-254 (Fla. Jun. 1, 2004)

Opinion

Case No. SC04-254.

June 1, 2004.

Lower Tribunal No. 4D03-4236.


Because petitioner has failed to show a clear legal right to the reinstatement of Keith Montgomery a/k/a Reginald Harris v. State of Florida, case number 4D03-4236, he is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied on the merits. 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 a clear legal right to performance of the requested act, that respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists). Petitioner's Motion for Order to Show Cause also is denied.

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


Summaries of

Montgomery v. State

Supreme Court of Florida
Jun 1, 2004
Case No. SC04-254 (Fla. Jun. 1, 2004)
Case details for

Montgomery v. State

Case Details

Full title:KEITH MONTGOMERY A/K/A REGINALD HARRIS, Petitioner(s) v. STATE OF FLORIDA…

Court:Supreme Court of Florida

Date published: Jun 1, 2004

Citations

Case No. SC04-254 (Fla. Jun. 1, 2004)