Opinion
Case No. SC04-1109.
November 5, 2004.
Lower Tribunal No. 1D04-444.
Because petitioner has failed to show that the district court of appeal had an indisputable duty to perform the requested action, 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 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 BELL, JJ., concur.