Judges: Per Curiam
Filed: Dec. 18, 1974
Latest Update: Apr. 07, 2017
Summary: 304 So. 2d 515 (1974) John K. McDANIEL, Appellant, v. CITY OF LAKELAND, a Municipal Corporation, et al., Appellees. No. 73-1050. District Court of Appeal of Florida, Second District. December 18, 1974. Frank E. Hamilton, III, of Hamilton, Douglas & Bennett, Orlando, for appellant. Stephen C. Watson, Asst. City Atty., Lakeland, for appellees. PER CURIAM. We conclude that the petition for writ of mandamus did not demonstrate that the petitioner had a clear and already established legal right to th
Summary: 304 So. 2d 515 (1974) John K. McDANIEL, Appellant, v. CITY OF LAKELAND, a Municipal Corporation, et al., Appellees. No. 73-1050. District Court of Appeal of Florida, Second District. December 18, 1974. Frank E. Hamilton, III, of Hamilton, Douglas & Bennett, Orlando, for appellant. Stephen C. Watson, Asst. City Atty., Lakeland, for appellees. PER CURIAM. 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..
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304 So. 2d 515 (1974)
John K. McDANIEL, Appellant,
v.
CITY OF LAKELAND, a Municipal Corporation, et al., Appellees.
No. 73-1050.
District Court of Appeal of Florida, Second District.
December 18, 1974.
Frank E. Hamilton, III, of Hamilton, Douglas & Bennett, Orlando, for appellant.
Stephen C. Watson, Asst. City Atty., Lakeland, for appellees.
PER CURIAM.
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.
