FLICK v. STATE (2021)

District Court of Appeal of Florida, First District.

David FLICK, Petitioner, v. STATE of Florida, Respondent.

No. 1D21-1498

Decided: July 16, 2021

David Flick, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

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.”).

Per Curiam.

B.L. Thomas, Bilbrey, and Nordby, Jj., concur.

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