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TECF MANG. v. PLATINUM

Supreme Court of Florida
Feb 8, 2008
983 So. 2d 1155 (Fla. 2008)

Opinion

No. SC07-1143.

February 8, 2008.

Lower Tribunal No(s). 3D06-820.


Because petitioner has failed to show that the Third District Court of Appeal has a ministerial duty to reinstate the appeal in Case Nos. 3D06-820 or 3D06-1632, it 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); see also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus "is [not] proper to mandate the doing (or undoing) of a discretionary act"), approved, 431 So. 2d 986 (Fla. 1983).

ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.


Summaries of

TECF MANG. v. PLATINUM

Supreme Court of Florida
Feb 8, 2008
983 So. 2d 1155 (Fla. 2008)
Case details for

TECF MANG. v. PLATINUM

Case Details

Full title:TECF MANAGEMENT, INC., Petitioner(s) v. PLATINUM SOUTH, INC., D/B/A LA…

Court:Supreme Court of Florida

Date published: Feb 8, 2008

Citations

983 So. 2d 1155 (Fla. 2008)