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Smith v. Florida Dept. of Envtl. Protection

Supreme Court of Florida
Jun 8, 2006
933 So. 2d 1154 (Fla. 2006)

Opinion

Case No. SC05-1829.

June 8, 2006.

Lower Tribunal No. 2D04-3395.


As petitioner has failed to demonstrate a clear legal right to a reinstatement of case number 2D04-3395 in the Second District Court of Appeal for a rehearing of the appeal, 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).

The "motion to request an injunction" is hereby denied.

WELLS, ANSTEAD, LEWIS, QUINCE and BELL, JJ., concur.


Summaries of

Smith v. Florida Dept. of Envtl. Protection

Supreme Court of Florida
Jun 8, 2006
933 So. 2d 1154 (Fla. 2006)
Case details for

Smith v. Florida Dept. of Envtl. Protection

Case Details

Full title:KENNETH E. SMITH, Petitioner(s) v. FLORIDA DEPARTMENT OF ENVIRONMENTAL…

Court:Supreme Court of Florida

Date published: Jun 8, 2006

Citations

933 So. 2d 1154 (Fla. 2006)