Summary
affirming denial of mandamus without prejudice to petitioner's institution of a separate action for declaratory judgment or for damages to secure the relief he sought in mandamus petition
Summary of this case from Williams v. SchulmanOpinion
No. 73-1050.
December 18, 1974.
Appeal from the Circuit Court, Polk County, Richard A. Bronson, J.
Frank E. Hamilton, III, of Hamilton, Douglas Bennett, Orlando, for appellant.
Stephen C. Watson, Asst. City Atty., Lakeland, for appellees.
We conclude that the petition for writ of mandamus did not demonstrate that the petitioner had a clear and already established legal right to the performance of a duty by any of the respondents. Therefore, the final order dismissing the petition is affirmed, without prejudice to the petitioner's institution of a separate action for declaratory judgment or for damages to secure the relief he has sought in this one.
Affirmed.
McNULTY, C.J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur.