McDaniel v. City of Lakeland, 73--1050
| Decision Date | 18 December 1974 |
| Docket Number | No. 73--1050,73--1050 |
| Citation | 304 So.2d 515 |
| Parties | John K. McDANIEL, Appellant, v. CITY OF LAKELAND, a Municipal Corporation, et al., Appellees. |
| Court | Florida District Court of Appeals |
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.
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3 cases
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Davis v. State, 2D03-1819.
...perform a nondiscretionary duty. State ex rel. Buckwalter v. City of Lakeland, 112 Fla. 200, 150 So. 508 (1933); McDaniel v. City of Lakeland, 304 So.2d 515 (Fla. 2d DCA 1974). The law is clear that an indigent defendant is entitled to his criminal trial transcripts, including depositions, ......
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Rebholz v. Floyd
...can determine whether a clear duty has been established on the City to merit issuance of a peremptory writ. See McDaniel v. City of Lakeland, Fla.App.2d 1974, 304 So.2d 515. The degree of discretion ordinarily vested in municipal officials in respect to their method and level of enforcement......
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Williams v. Schulman, 98-0210.
...(Fla.1992) (mandamus is appropriate remedy only where petitioner has no other legal method for obtaining relief); McDaniel v. City of Lakeland, 304 So.2d 515 (Fla. 2d DCA 1974) (affirming denial of mandamus without prejudice to petitioner's institution of a separate action for declaratory j......