Opinion
No. SC08-1006.
August 27, 2008.
Lower Tribunal No(s). 1D06-6428, 05-CF-016481.
Because petitioner has failed to show a clear legal right to the reinstatement of his appeal in Toliver v. State, Case No. 1D06-6428, 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).
QUINCE, C.J., and WELLS, CANTERO, and BELL, JJ., concur. ANSTEAD, J., would request a response.