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McDaniel v. City of Lakeland
304 So. 2d 515
Fla. Dist. Ct. App.
1974
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304 So. 2d 515 (1974)

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

No. 73-1050.

District Court of Appeal of Florida, Second District.

December 18, 1974.

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 *516 judgment or for damages to secure the relief he has sought in this one.

Affirmed.

McNULTY, C.J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Case Details

Case Name: McDaniel v. City of Lakeland
Court Name: District Court of Appeal of Florida
Date Published: Dec 18, 1974
Citation: 304 So. 2d 515
Docket Number: 73-1050
Court Abbreviation: Fla. Dist. Ct. App.
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