McDaniel v. City of Lakeland

Florida District Courts of Appeal
McDaniel v. City of Lakeland, 304 So. 2d 515 (1974)
Per Curiam

McDaniel v. City of Lakeland

Opinion

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 *516 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.

Reference

Cited By
3 cases
Status
Published