Opinion
Case No. SC05-1692.
February 17, 2006.
Lower Tribunal No. 2D05-1025.
As petitioner has failed to demonstrate a clear legal right to have the Second District Court of Appeal issue an order to show cause (Case No 2D05-1025), the petition for writ of mandamus is denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (holding that in order to be entitled to a writ of mandamus, the petitioner must show that he has a clear legal right to performance of the requested act, that the respondent has an 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), aff'd 431 So.2d 986 (Fla. 1983) (finding that mandamus is not the appropriate vehicle to "to mandate the doing (or undoing) of a discretionary act.").
WELLS, ANSTEAD, LEWIS, QUINCE and BELL, JJ., concur.