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Florida District Courts of Appeal, 1974

McDaniel v. City of Lakeland

McDaniel v. City of Lakeland
Florida District Courts of Appeal · Decided December 18, 1974 · Per Curiam
304 So. 2d 515 (Southern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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