David Flick v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 16, 2021
Docket1D21-1498
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-1498
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DAVID FLICK,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Mandamus—Original Jurisdiction.
July 16, 2021
PER CURIAM.
The petition for writ of mandamus is denied. See Pleus v.
Crist, 14 So. 3d 941, 945 (Fla. 2009) (“To be entitled to mandamus
relief, ‘the petitioner must have a clear legal right to the requested
relief, the respondent must have an indisputable legal duty to
perform the requested action, and the petitioner must have no
other adequate remedy available.’” (quoting Huffman v. State, 813
So. 2d 10, 11 (Fla. 2000))); cf. Bradford v. State, 701 So. 2d 899,
900 (Fla. 4th DCA 1997) (“[T]he trial court erred in failing to
continue the evidentiary hearing on the original 3.850 motion until
such time as the claims raised in the amended motion could also
be considered.”).
B.L. THOMAS, BILBREY, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
David Flick, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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