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Villarreal v. Crosby

Supreme Court of Florida
Jan 12, 2005
Case No. SC02-773 (Fla. Jan. 12, 2005)

Opinion

Case No. SC02-773.

January 12, 2005.

Lower Tribunal No. 4D01-1285.


Petitioner has filed a "Letter/Motion," which was initially treated as a petition for a writ of habeas corpus. Upon consideration, the petition is treated as a petition for writ of mandamus and is hereby 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); State v. Petteway, 117 So. 696 (Fla. 1928) (mandamus may not be used to correct alleged error or to compel a court to exercise its discretion in any particular way). The "Motion for Court Assistance" is also denied.

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

ANSTEAD, J., would request a response.


Summaries of

Villarreal v. Crosby

Supreme Court of Florida
Jan 12, 2005
Case No. SC02-773 (Fla. Jan. 12, 2005)
Case details for

Villarreal v. Crosby

Case Details

Full title:FRUTOSO VILLARREAL, Petitioner(s) v. JAMES V. CROSBY, JR., ETC.…

Court:Supreme Court of Florida

Date published: Jan 12, 2005

Citations

Case No. SC02-773 (Fla. Jan. 12, 2005)