ZENKER v. CLERK OF CIRCUIT COURT LAKE COUNTY (2020)

District Court of Appeal of Florida, Fifth District.

Tommy J. ZENKER, Appellant, v. CLERK OF the CIRCUIT COURT, LAKE COUNTY, Florida And State of Florida, Appellees.

Case No. 5D20-4

Decided: September 25, 2020

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.

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 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.

PER CURIAM.

EVANDER, C.J. and ORFINGER, J., concur. TRAVER, J., concurs in result only.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network