TOMMY J. ZENKER
v.
CLERK OF THE CIRCUIT COURT, LAKE COUNTY, FLORIDA AND STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A petitioner seeking a writ of mandamus must demonstrate a clear legal right to the requested relief, that the respondent has an indisputable legal duty to perform the requested action, and that the petitioner has no other adequate remedy.
[1] A writ of mandamus requires that the petitioner have a clear legal right to the requested relief, the respondent have an indisputable legal duty to perform the requested…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To be entitled to a writ of mandamus, 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.”
Statement of the legal standard for mandamus relief
Tommy J. Zenker filed an amended mandamus petition against the Clerk of the Circuit Court for Lake County and the State of Florida. The circuit court …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Indisputable Legal Duty cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TOMMY J. ZENKER,
Appellant,
v. Case No. 5D20-4
CLERK OF THE CIRCUIT COURT,
LAKE COUNTY, FLORIDA AND
STATE OF FLORIDA,
Appellees.
________________________________/
Opinion filed September 25, 2020
Appeal from the Circuit Court for Lake County, James R. Baxley, Judge.
Tommy J. Zenker, Milton, pro se.
Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee, State of Florida.
No Appearance for Appellee Clerk of the Circuit Court, Lake County.
PER CURIAM.
We affirm the order denying Appellant’s amended mandamus petition. See Chapman v. State, 910 So. 2d 940, 941 (Fla. 5th DCA 2005) (“To be entitled to a writ of mandamus, the petitioner must have a clear legal right to the requested relief, the
2
respondent must have an indisputable legal duty to perform the requested action, and the petitioner must have no other adequate remedy.”).
Our affirmance is without prejudice to Appellant seeking relief in the circuit court pursuant to section 951.16, Florida Statutes (2006) (“Every person who may be imprisoned in the county jail for failure to pay a fine and costs, or either, under sentence imposed upon conviction for crime shall be entitled to receive . . . a credit on such fine and costs, or either, as the case may be, in proportion to the time such person may be imprisoned.”).
AFFIRMED.
EVANDER, C.J. and ORFINGER, J., concur. TRAVER, J., concurs in result only.