JAMES LEE NAILS, SR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Bennett v. Clerk OF Cir. Court Citrus Cnty., 150 So. 3d 277 (Fla. 5th DCA 2014)
  …is directed by law.” Austin v. Crosby, 866 So. 2d 742, 744 (Fla. 5th DCA 2004). The petitioner must show a clear legal right to the relief requested and “an indisputable legal duty on the part of the. respondent” [*279] to act. See Bernard v. State, 911 So. 2d 1259,1260 (Fla. 5th DCA 2005). Finally, “[a] litigant who seeks action from the trial court clerk to provide documents or accept filings cannot start with mandamus at the appellate court. He must seek relief in the trial court first. It is the trial cou…
• Maloy v. Seminole Cnty., 264 So. 3d 370 (Fla. 5th DCA 2019)
• McCALL v. State, 962 So. 2d 1067 (Fla. 5th DCA 2007)
  …a, Inc., 598 So. 2d 275 (Fla. 3d DCA 1992). Before this Court can issue a writ of mandamus, a petitioner must show a clear legal right to the relief requested and an indisputable legal duty on the part of the respondent to act. See Bernard v. State, 911 So. 2d 1259 (Fla. 5th DCA 2005). Out-of-state jail credit is not mandated under section 921.161(1), Florida Statutes (2006). A sentencing court, in its discretion, may award out-of-state credit if a defendant is held in a foreign jurisdiction solely on a Florid…