McDANIEL v. CITY OF LAKELAND

No. 73-1050.

304 So.2d 515 (1974)

John K. McDANIEL, Appellant, v. CITY OF LAKELAND, a Municipal Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

December 18, 1974.


Attorney(s) appearing for the Case

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...

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